The European Court of Justice has largely upheld the EU’s Mobility Package 1, a set of rules governing road transport, but struck down a contentious provision that required vehicles to return to their operational centre every eight weeks.
The judgment, delivered on Thursday, dismissed actions brought by Lithuania, Bulgaria, Romania, Cyprus, Hungary, Malta, and Poland, which had challenged several aspects of the package. These included rules on driver rest periods, vehicle returns, cabotage operations, and the classification of drivers as ‘posted workers’.
The court ruled that most of the provisions did not violate the principles of proportionality, equal treatment, and non-discrimination. It also noted that the EU legislature had struck a balance between improving drivers’ working conditions and ensuring fair commercial conditions for transport companies.
However, the court annulled the obligation for vehicles to return every eight weeks to the operational centre of the transport undertaking. It ruled that the EU legislature had not established that it had sufficient information to assess the proportionality of that measure.
The International Road Transport Union (IRU), which represents the road transport industry worldwide, took note of the decision. Raluca Marian, IRU’s EU Advocacy Director, said, “It is clear that the law should be read as if the return of the truck provision was not included. However, it is not clear what will happen next.”
She questioned whether the European Commission would attempt to reinstate the rule with more evidence of its proportionality or if the judgment marked the end of the EU’s attempt to regulate vehicle returns.
The decision follows the Advocate General’s opinion delivered last year. While the cancellation of the vehicle return rule is clear, the grounds for cancellation make it uncertain if the EU may attempt to regulate this area again.
The Mobility Package, adopted in 2020, is the most comprehensive set of road transport social and market access rules in the EU. It aims to make the road transport sector safer, more effective, and more socially responsible.
