EU’s highest court weighs in on road transport Mobility Package

IRU takes note of the Court of the European Union's decision on the Mobility Package 1 challenges brought forward by Member States. The Court annulled the rule on the return of the vehicle, but it confirmed the validity of all other contested provisions.

In 2020, EU legislators adopted the most comprehensive road transport social and market access rules package. Soon after, several Member States contested key rules, including provisions related to the posting of drivers, driving and rest time rules and market access.

Today, the Court published its decision, rejecting all complaints, except the provision on the return of the vehicle.

More specifically, the Court annulled the obligation requiring vehicles to return to the operational centre of the transport undertaking every eight weeks, because "the EU legislature has not established that it had sufficient information to enable it to assess the proportionality of that measure".

IRU EU Advocacy Director Raluca Marian said, "We are taking note of the Court's decision. 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. Will the European Commission try to build a case with more information around the proportionality of that measure? Or does this judgement put an end to the EU attempt of requesting operators to bring trucks home in addition to the necessary visits for mandatory technical inspections?"

The decision followed the opinion of the Advocate General on the case delivered last year. While the cancellation is clear and subsequently removes the legal basis for all sanctions which have been applied to transport operators for the breach of this provision, the ground for cancellation makes it uncertain if the EU may go ahead with a new attempt to regulate.

While the Court's decision marks a major step in the interpretation and clarification of Mobility Package 1 rules, IRU will continue its efforts to ensure a consistent application of provisions and streamline their enforcement, in collaboration with the European Commission, the European Labour Authority, Member States and enforcement organisations.