The Government disqualifies Biovigo Energy as a wholesale fuel operator

The Ministry for the Ecological Transition and the Demographic Challenge has disqualified Biovigo Energy, SL from exercising the activity of wholesale operator of fuels and petroleum products. The decision is formalized in Order TED/1136/2026, of October 26, signed by Minister Sara Aagesen Muñoz and published in the Official State Gazette (Boletín Oficial del Estado) no. 269, of October 29, 2026 (reference BOE-A-2026-22685), which details that the cause is the company’s entry into the bankruptcy liquidation phase.

The order is issued under article 42 of Law 34/1998, of October 7, and article 14 bis of the annex of Royal Decree 2487/1994, of December 23, which regulates the Statute of wholesale and retail distribution activities of fuels. Section a) of that provision provides for disqualification, following the instruction of a file with a hearing for the interested party, in the event of the opening of the liquidation phase or the extinction of the operator’s legal personality.

Biovigo Energy, SL (CIF B36989556) had been operating since January 31, 2023, the date on which it began its activity and since which it has been listed in the register of wholesale operators of petroleum products published by the National Commission on Markets and Competition (CNMC). Its sales forecast for the first year was approved by a resolution of the General Directorate of Energy Policy and Mines on January 23, 2023.

From insolvency to liquidation

The administrative file reconstructs a chain of judicial and tax events. On May 23, 2025, the company filed a request for voluntary bankruptcy in the Chief Court of A Coruña, as it was unable to meet its obligations due to a situation of insolvency derived from actions by the State Tax Administration Agency (AEAT) that directly affected its economic and commercial activity.

The AEAT resolution of September 3, 2025, agreed on a joint and several tax liability derivation, under article 42.1.c) of the General Tax Law, for debts attributed to the company Bio-Zenite Energy, SA, with a total outstanding amount of 386,602,055.96 euros, including penalties, late payment surcharges, and debts for VAT, IRPF (Personal Income Tax), and other concepts.

The Commercial Court No. 1 of A Coruña declared the voluntary bankruptcy on November 11, 2025, and appointed a bankruptcy administrator. On February 25, 2026, the same body officially agreed to the opening of the liquidation phase: according to article 413 of the TRLC (Revised Text of the Bankruptcy Law), the company’s administration and disposal powers were suspended, its dissolution was decreed, and its directors were removed and replaced by the bankruptcy administration.

Administrative procedure and report from the State Attorney’s Office

The legally authorized representative of the company notified both court orders to the official ministry registry on April 24, 2026. From that point, the General Directorate of Energy Policy and Mines adopted the agreement to initiate the disqualification procedure on September 17, 2026, which was notified electronically with a 10-day period for allegations; according to the order, no response was received from the interested party.

The text incorporates the milestones of the file:

• Agreement to initiate the procedure: September 17, 2026.
• Period for allegations granted to the company: 10 days, with no recorded response.
• Favorable report from the State Attorney’s Office: October 20, 2026, with file number 1001/2026.
• Signing of the order by the minister: Madrid, October 26, 2026.

The requirements that the regulation demands of a wholesale operator are described in the text itself: the form of a Spanish commercial company or one from another Member State of the European Union, being up to date with tax and Social Security obligations, own funds allocated of at least three million euros, and technical capacity accredited through experience or a technical assistance contract.

Removal from the CNMC list and six-month veto

The operative part of Order TED/1136/2026 goes beyond individual disqualification. Its five sections establish:

• To declare the disqualification of Biovigo Energy, SL due to the opening of the liquidation phase agreed upon by the court order of February 25, 2026.
• To communicate the order to the CNMC so that, once it takes effect, it removes the company from the list of wholesale petroleum operators.
• To disregard, for six months, the communications and responsible declarations submitted by the disqualified entity, as well as those from companies of the same group or linked companies created in the six months prior to or following the disqualification. Companies that form a group of companies according to article 42 of the Commercial Code or share a representative are considered linked.
• To set the effectiveness on the same day of its publication in the BOE, in accordance with article 45 of Law 39/2015.
• To reserve the right to sanctions that may derive from title VI of Law 34/1998.

Appeal process

The order ends the administrative route. A contentious-administrative appeal may be filed against it before the Contentious-Administrative Chamber of the National Court within two months from the day following the notification, or, optionally, a motion for reconsideration before the head of the ministry within one month. As it concerns a subject obliged to interact electronically with administrations, the motion for reconsideration must be submitted by electronic means.

The relevance of the resolution is twofold. On one hand, it administratively closes the trajectory of an operator that had been registered with the CNMC since January 2023. On the other, the six-month veto extended to companies of the same group or linked entities introduces a control over possible continuations of the activity under a new company, a point that affects any operator that arranges supplies with these entities during that period.

Source: Official State Gazette, no. 269, October 29, 2026, Sec. III, page 145110 (official reference: BOE-A-2026-22685).