Supreme Court of Cassation on Easement Rights in the Joint Use of Electronic Communications Infrastructure
By Decision No. 83 of 6 February 2026 in civil case No. 3844/2024, the Supreme Court of Cassation provided key clarifications regarding the proprietary nature of the joint use of electronic communications infrastructure — an issue of particular importance for operators and sector stakeholders.
In the proceedings, one of the parties was represented by attorney Gergina Kyoseva.
Nature of the Easement Right in Joint Use
The Supreme Court held that, in cases of joint use, a limited real right (easement) arises in favour of the subsequent undertaking, rather than a purely contractual right. The Court emphasized that this right is identical in content to the right of the undertaking in whose favour the easement initially arose.
According to the Court, the easement right of each undertaking is limited by the concurrent homogeneous right of the other undertaking, and it is precisely this concurrence that guarantees the full exercise of their respective rights.
The Court expressly clarified that the easement covers not only the use of already constructed networks and facilities, but also the right to:
- construction;
- expansion;
- maintenance;
- operation
of electronic communications networks and facilities, subject to compliance with safety requirements, environmental protection rules and the applicable spatial development plans.
In the specific case, the Court found that the scope of the easement held by the subsequent undertaking entitles it to route its subscriber connections through the manholes to the adjacent buildings and to lay cables through the main ducts along the route and through the ducts of the subscriber branches to the buildings, notwithstanding that these facilities are owned by the undertaking in whose favour the original easement was established.
Protection of the Easement Right
The decision also confirms the full range of proprietary remedies available to the easement holder. The Court held that, where the right is infringed by the owner of the servient property or by a third party, the easement holder may bring both petitory and possessory actions.
The appropriate remedy depends on the type of easement and the nature of the infringement. Available claims include:
- restoration of the situation existing prior to the infringement;
- removal of obstacles hindering the exercise of the easement;
- cessation of the infringing actions;
- declaratory relief, where a legal interest exists.
Significance of the Decision
The Supreme Court’s case law makes an important contribution to clarifying the proprietary aspects of the joint use of electronic communications infrastructure and serves as a significant reference point in disputes concerning the protection and effective exercise of rights over network facilities.