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Case C-124/09: Reference for a preliminary ruling from the Raad van State (Netherlands) lodged on 3 April 2009 — Smit Reizen BV v Minister van Verkeer en Waterstaat
ECLI:EU:UNKNOWN:62009CN0124
62009CN0124
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Valentina R., lawyer
6.6.2009
Official Journal of the European Union
C 129/11
(Case C-124/09)
2009/C 129/18
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Smit Reizen BV
Respondent: Minister van Verkeer en Waterstaat
Questions referred
1.Against the background of Article 1(5) of Council Regulation (EEC) No 3820/85 (1) of 20 December 1985 on the harmonisation of certain social legislation relating to road transport and of Article 15 of Council Regulation (EEC) No 3821/85 (2) of 20 December 1985 on recording equipment in road transport, how must the term ‘operating centre,’ as referred to in paragraph 21, and elsewhere, of the judgment of the Court of Justice in Case C-297/99 Skills Motor Coaches Ltd [2001] ECR I-573, be interpreted?
2.For the assessment as to what constitutes rest for the purposes of Article 1(5) of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport, does it make any difference whether the driver concerned drives himself to a place where he is to take over a vehicle in which a tachograph must be installed or is driven there by someone else?
Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (OJ 1985 L 370, p. 1).
Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ 1985 L 370, p. 8).