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Case C-167/22: Judgment of the Court (Second Chamber) of 21 December 2023 — European Commission v Kingdom of Denmark (Failure of a Member State to fulfil obligations — International road haulage — Regulation (EC) No 1072/2009 — Articles 8 and 9 — Regulation (EC) No 561/2006 — Rest periods — National legislation introducing a maximum parking time at public rest areas of 25 hours along the motorway network of a Member State — Restriction on the freedom to provide road transport services — Burden of proof)
ECLI:EU:UNKNOWN:62022CA0167
62022CA0167
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Official Journal of the European Union
Series C
C/2024/1372
19.2.2024
(Case C-167/22) (<span class="oj-super oj-note-tag">1</span>)
(Failure of a Member State to fulfil obligations - International road haulage - Regulation (EC) No 1072/2009 - Articles 8 and 9 - Regulation (EC) No 561/2006 - Rest periods - National legislation introducing a maximum parking time at public rest areas of 25 hours along the motorway network of a Member State - Restriction on the freedom to provide road transport services - Burden of proof)
(C/2024/1372)
Language of the case: Danish
Parties
Applicant: European Commission (represented initially by L. Grønfeldt and P. Messina, subsequently by L. Grønfeldt, P. Messina and G. Wilms, and lastly by P. Messina, acting as Agents)
Defendant: Kingdom of Denmark (represented initially by J. Farver Kronborg, V. Pasternak Jørgensen and M. Søndahl Wolff, and subsequently by J. Farver Kronborg, C. Maertens and M. Jespersen, acting as Agents)
Intervener in support of the applicant: Republic of Poland (represented by B. Majczyna, acting as Agent)
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the European Commission, in addition to bearing its own costs, to pay those incurred by the Kingdom of Denmark;
3.Orders the Republic of Poland to bear its own costs.
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Language of the case: Danish.
ELI: http://data.europa.eu/eli/C/2024/1372/oj
ISSN 1977-091X (electronic edition)
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