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Case C-246/22, Staatsanwaltschaft Köln and Bundesamt für Güterverkehr (Transport of empty containers): Judgment of the Court (Seventh Chamber) of 14 September 2023 (request for a preliminary ruling from the Amtsgericht Köln — Germany) — BW (Reference for a preliminary ruling — Transport operations — Combined transport of goods between Member States — Directive 92/106/EEC — International carriage of goods by road — Regulation (EC) No 1072/2009 — Transport of empty containers before loading or after unloading of goods in the context of combined transport — Non-applicability of the provisions relating to cabotage operations)
ECLI:EU:UNKNOWN:62022CA0246
62022CA0246
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Official Journal of the European Union
Series C
C/2023/491
(Case C-246/22, (1) Staatsanwaltschaft Köln and Bundesamt für Güterverkehr (Transport of empty containers))
(Reference for a preliminary ruling - Transport operations - Combined transport of goods between Member States - Directive 92/106/EEC - International carriage of goods by road - Regulation (EC) No 1072/2009 - Transport of empty containers before loading or after unloading of goods in the context of combined transport - Non-applicability of the provisions relating to cabotage operations)
(C/2023/491)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: BW
Other parties: Staatsanwaltschaft Köln, Bundesamt für Güterverkehr
Operative part of the judgment
Article 1 of Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States,
must be interpreted as meaning that the road transport of empty containers between a container terminal and a point where the goods are loaded or unloaded falls within the concept of ‘combined transport’ within the meaning of that article, such that it benefits from the liberalised scheme laid down for initial and/or final road transport legs which form an integral part of a combined transport operation, within the meaning of Article 4 of that directive, and which are exempt from the application of the provisions relating to cabotage laid down by Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.
ELI: http://data.europa.eu/eli/C/2023/491/oj
ISSN 1977-091X (electronic edition)
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Language of the case: German.
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