10.5.2022

Official Journal of the European Union

C 191/23

(Case C-167/22)

(2022/C 191/29)

Language of the case: Danish

Parties

Applicant: European Commission (represented by: L. Grønfeldt and P. Messina, acting as Agents)

Defendant: Kingdom of Denmark

Form of order sought

The applicant claims that the Court should:

—declare that, by limiting to 25 hours the maximum period during which it is possible to park at State-owned rest areas along the motorway network in Denmark, the Kingdom of Denmark has failed to fulfil its obligations under the provisions on the freedom to provide transport services, as laid down in Articles 1, 8 and 9 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council; (1)

—order the Kingdom of Denmark to pay the costs.

Pleas in law and main arguments

The Commission submits that the 25-hour rule, although it does not amount to direct discrimination, nevertheless constitutes an obstacle to the freedom to provide services, since the rule does not affect Danish hauliers and non-Danish hauliers in the same way. Drivers working for non-Danish hauliers will find it more difficult to comply with their driving and rest time obligations arising from EU law, in particular from Regulation (EC) No 561/2006, (2) than will drivers working for Danish hauliers, which have operating centres in Denmark to which the drivers can return and park during their rest periods.

According to the Commission, the rule cannot be justified by the objectives, relied on by Denmark, of (i) providing greater capacity for drivers to take their breaks and short rest periods, (ii) eliminating illegal and dangerous parking on motorway lay-bys, (iii) ensuring orderly conditions at rest areas by countering the negative effects caused by long-term parking, and (iv) improving the drivers’ environmental and working conditions, since that rule is not suitable for attaining those objectives and, moreover, goes beyond what is necessary to attain them.

(1) 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 (OJ 2009 L 300, p. 72).

(2) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ 2006 L 102, p. 1).