4 October 2024 (*1)

[Text rectified by orders of 19 December 2024 and 12 March 2025]

Table of contents

(a) Regulation (EC) No 561/2006

(b) Regulation (EU) No 165/2014

(c) Regulation 2020/1054

(a) Directive 92/106/EEC

(b) Regulation No 1071/2009

(c) Regulation (EC) No 1072/2009

(d) Regulation 2020/1055

3. Legislation on the posting of workers

(a) Directive 96/71/EC

(b) Directive 2014/67/EU

(c) Directive 2018/957

(d) Directive 2020/1057

II. Background to the dispute

III. Forms of order sought and procedure before the Court

(a) Admissibility

(1) Arguments of the parties

(2) Findings of the Court

(b) Substance

(1) Infringement of the principle of legal certainty

(i) Arguments of the parties

(ii) Findings of the Court

(2) The infringement of the principle of proportionality

(i) Arguments of the parties

(ii) Findings of the Court

(3) Breach of the principle of equal treatment and of non-discrimination

(i) Arguments of the parties

(ii) Findings of the Court

(4) Infringement of the fundamental freedoms guaranteed by the FEU Treaty

(i) Arguments of the parties

(ii) Findings of the Court

(5) Infringement of Article 91(2) and Article 94 TFEU

(i) Arguments of the parties

(ii) Findings of the Court

(6) Infringement of the rules of EU law on environmental protection

(i) Arguments of the parties

(ii) Findings of the Court

3. Point 6(c) of Article 1 of Regulation 2020/1054

(a) Breach of the principle of proportionality

(1) Arguments of the parties

(2) Findings of the Court

(b) Whether the principles of equal treatment and non-discrimination have been infringed

(1) Arguments of the parties

(2) Findings of the Court

(c) Infringement of the provisions of the FEU Treaty on freedom to provide services

(1) Arguments of the parties

(2) Findings of the Court

(d) Infringement of Article 91(2) and Article 94 TFEU

(1) Arguments of the parties

(2) Findings of the Court

(a) Preliminary observations

(b) Whether there was a manifest error of assessment and a breach of the principle of proportionality

(1) Arguments of the parties

(2) Findings of the Court

(c) Breach of the principles of legal certainty and protection of legitimate expectations

(1) Arguments of the parties

(2) Findings of the Court

(d) Infringement of the second paragraph of Article 151 TFEU

(1) Arguments of the parties

(2) Findings of the Court

(a) Arguments of the parties

(b) Findings of the Court

6. Conclusion concerning Regulation 2020/1054

(a) Breach of the principle of proportionality

(1) Whether the EU legislature examined the proportionality of point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009

(i) Arguments of the parties

(ii) Findings of the Court

(2) Whether point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009, is proportionate

(b) The other pleas directed against point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009

3. Point 4(a) of Article 2 of Regulation 2020/1055

(a) Breach of the principle of proportionality

(1) Whether the EU legislature examined the proportionality of point 4(a) of Article 2 of Regulation 2020/1055

(i) Arguments of the parties

(ii) Findings of the Court

(2) The proportionality of point 4(a) of Article 2 of Regulation 2020/1055

(i) Arguments of the parties

(ii) Findings of the Court

– Whether point 4(a) of Article 2 of Regulation 2020/1055 is appropriate for attaining the objective pursued

– Whether point 4(a) of Article 2 of Regulation 2020/1055 is necessary

– Whether point 4(a) of Article 2 of Regulation 2020/1055 is proportionate

(b) Breach of the principle of equal treatment and non-discrimination

(1) Arguments of the parties

(2) Findings of the Court

(2) Findings of the Court

(c) Infringement of Article 91(1) TFEU

(1) Arguments of the parties

(2) Findings of the Court

(d) Infringement of Article 90 TFEU, read in conjunction with Article 3(3) TEU, Article 91(2) and Article 94 TFEU

(1) Arguments of the parties

(2) Findings of the Court

(e) Infringement of the fundamental freedoms guaranteed by the FEU Treaty

(1) Arguments of the parties

(2) Findings of the Court

(f) Infringement of the rules of EU law and of the European Union’s commitments in the field of environmental protection

(1) Arguments of the parties

(2) Findings of the Court

(a) Breach of the principle of legal certainty

(1) Arguments of the parties

(2) Findings of the Court

(b) Breach of the principle of proportionality

(1) Arguments of the parties

(2) Findings of the Court

(c) Infringement of Article 11 TFEU and Article 37 of the Charter

(1) Arguments of the parties

(2) Findings of the Court

(a) Breach of the principle of proportionality

(1) Arguments of the parties

(2) Findings of the Court

(b) Infringement of Article 91(2) and Article 94 TFEU

(1) Arguments of the parties

(2) Findings of the Court

(c) Infringement of Article 11 TFEU and Article 37 of the Charter

(1) Arguments of the parties

(2) Findings of the Court

6. Conclusion concerning Regulation 2020/1055

(Action for annulment – First package of mobility measures (‘Mobility Package’) – Regulation (EU) 2020/1054 – Maximum daily and weekly driving times – Minimum breaks and daily and weekly rest periods – Organisation of the work of the drivers in such a way that the drivers are able to return every three or four weeks, depending on the case, to their place of residence or to the operational centre of their employer to begin and spend their regular or compensatory weekly rest period – Prohibition on taking regular or compensatory weekly rest in the vehicle – Time limit for the installation of second generation (V2) smart tachographs – Date of entry into force – Regulation (EU) 2020/1055 – Conditions relating to the requirement of establishment – Obligation to return the vehicle to the operational centre in the Member State of establishment – Obligation concerning the number of vehicles and drivers normally based at the operational centre of the Member State of establishment – Cabotage – Cooling-off period of four days for cabotage – Derogation for cabotage as part of combined transport operations – Directive (EU) 2020/1057 – Specific rules for posting drivers in the road transport sector – Transposition period – Internal market – Specific regime applicable to the freedom to provide transport services – Common transport policy – Articles 91 and 94 TFEU – Fundamental freedoms – Principle of proportionality – Impact assessment – Principles of equal treatment and non-discrimination – Principles of legal certainty and protection of legitimate expectations – Protection of the environment – Article 11 TFEU – Consultation of the European Economic and Social Committee and the European Committee of the Regions)

In Joined Cases C‑541/20 to C‑555/20,

[As rectified by order of 19 December 2024] ACTIONS for annulment under Article 263 TFEU, brought on 23 October 2020 (Cases C‑541/20 to C‑550/20 and C‑552/20) and on 26 October 2020 (Cases C‑551/20 and C‑553/20 to C‑555/20),

Republic of Lithuania, represented by K. Dieninis, R. Dzikovič and V. Kazlauskaitė-Švenčionienė, acting as Agents, and by R. Petravičius, advokatas, A. Kisieliauskaitė and G. Taluntyté (C‑541/20 and C‑542/20),

Republic of Bulgaria, represented initially by M. Georgieva, T. Mitova and L. Zaharieva, and subsequently by T. Mitova and L. Zaharieva, acting as Agents (C‑543/20 to C‑545/20),

Romania, represented by R. Antonie, L.‑E. Baţagoi, M. Chicu, E. Gane, R.‑I. Haţieganu, L. Liţu and A. Rotăreanu, acting as Agents (C‑546/20 to C‑548/20),

Republic of Cyprus, represented by I. Neophytou, acting as Agent (C‑549/20 and C‑550/20),

Hungary, represented by M.Z. Fehér and K. Szíjjártó, acting as Agents (C‑551/20),

Republic of Malta, represented by A. Buhagiar, acting as Agent, and by D. Sarmiento Ramírez-Escudero and J. Sedano Lorenzo, abogados (C‑552/20),

Republic of Poland, represented by B. Majczyna, M. Horoszko, D. Krawczyk and D. Lutostańska, acting as Agents (C‑553/20 to C‑555/20),

applicants,

supported by:

Kingdom of Belgium, represented initially by S. Baeyens, P. Cottin, L. Delmotte and J.‑C. Halleux, C. Pochet and B. Van Hyfte, and subsequently by S. Baeyens, P. Cottin, L. Delmotte, C. Pochet and B. Van Hyfte, acting as Agents (C‑552/20),

Republic of Estonia, represented initially by N. Grünberg and M. Kriisa, and subsequently by M. Kriisa, acting as Agents (C‑541/20, C‑542/20, C‑544/20, C‑545/20, C‑547/20 to C‑552/20, C‑554/20 and C‑555/20),

Republic of Latvia, represented initially by K. Pommere, I. Romanovska and V. Soņeca, and subsequently by J. Davidoviča, K. Pommere and I. Romanovskat, acting as Agents (C‑541/20 to C‑555/20),

Republic of Lithuania, represented by K. Dieninis, R. Dzikovič and V. Kazlauskaitė-Švenčionienė, acting as Agents, and by R. Petravičius, advokatas, A. Kisieliauskaitė and G. Taluntyté (C‑545/20, C‑547/20, C‑549/20, C‑551/20, C‑552/20 and C‑554/20),

Romania, represented by R. Antonie, L.‑E. Baţagoi, M. Chicu E. Gane, R.‑I. Haţieganu, L. Liţu and A. Rotăreanu, acting as Agents (C‑541/20 to C‑545/20 and C‑549/20 to C‑555/20),

interveners,

European Parliament, represented initially by I. Anagnostopoulou, O. Denkov, C. Ionescu‑Dima, A. Tamás and S. Toliušis, and subsequently by I. Anagnostopoulou, O. Denkov, C. Ionescu‑Dima, W.D. Kuzmienko, B.D. Simon, S. Toliušis and R. van de Westelaken, acting as Agents,

defendant,

supported by:

Kingdom of Denmark, represented initially by J. Nymann‑Lindegren, M. Søndahl Wolff and L. Teilgård, and subsequently by V. Pasternak Jørgensen, M. Søndahl Wolff and L. Teilgård, and subsequently by V. Pasternak Jørgensen and M. Søndahl Wolff, and finally by C. Maertens and M. Søndahl Wolff, acting as Agents (C‑541/20 to C‑555/20),

Federal Republic of Germany, represented initially by J. Möller and D. Klebs and subsequently by J. Möller, acting as Agents (C‑541/20 to C‑555/20),

Hellenic Republic (C‑542/20, C‑543/20, C‑545/20 to C‑547/20 and C‑551/20),

French Republic, represented initially by A.‑L. Desjonquères, A. Ferrand and N. Vincent, and subsequently by A.‑L. Desjonquères and N. Vincent, and subsequently by R. Bénard, J.‑L. Carré, V. Depenne, A.‑L. Desjonquères and B. Herbaut, and finally by R. Bénard, M. Guiresse, B. Herbaut and B. Travard, acting as Agents (C‑541/20 to C‑555/20),

Grand Duchy of Luxembourg, represented initially by A. Germeaux and T. Uri, and subsequently by A. Germeaux, acting as Agents (C‑541/20 to C‑555/20),

Kingdom of the Netherlands, represented by M.K. Bulterman and J. Langer, acting as Agents (C‑541/20 to C‑555/20),

Republic of Austria, represented by A. Posch and J. Schmoll, acting as Agents (C‑541/20 to C‑555/20),

Kingdom of Sweden, represented initially by H. Eklinder, J. Lundberg, C. Meyer‑Seitz, A.M. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson, H. Shev and O. Simonsson, and subsequently by H. Eklinder, C. Meyer‑Seitz, A. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson, H. Shev and O. Simonsson, acting as Agents (C‑541/20 to C‑555/20),

interveners,

, represented by M. Bencze, I. Gurov, A. Norberg, K. Pavlaki, V. Sanda, A. Sikora‑Kaléda, A. Vârnav and L. Vétillard, acting as Agents,

defendant,

supported by:

Kingdom of Denmark, represented initially by J. Nymann‑Lindegren, M. Søndahl Wolff and L. Teilgård, and subsequently by V. Pasternak Jørgensen, M. Søndahl Wolff and L. Teilgård, and subsequently by V. Pasternak Jørgensen and M. Søndahl Wolff, and finally by C. Maertens and M. Søndahl Wolff, acting as Agents (C‑541/20 to C‑555/20),

Federal Republic of Germany, represented initially by J. Möller and D. Klebs, and subsequently by J. Möller, acting as Agents (C‑541/20 to C‑555/20),

Hellenic Republic (C‑542/20, C‑543/20, C‑545/20 to C‑547/20 and C‑551/20),

French Republic, represented initially by A.‑L. Desjonquères, A. Ferrand and N. Vincent, and subsequently by A.‑L. Desjonquères and N. Vincent, and subsequently by A.‑L. Desjonquères, R. Bénard, J.‑L. Carré, V. Depenne and B. Herbaut, and finally by R. Bénard, M. Guiresse, B. Herbaut and B. Travard, acting as Agents (C‑541/20 to C‑555/20),

Italian Republic, represented by G. Palmieri, and subsequently by S. Fiorentino, acting as Agent, and by A. Lipari and G. Santini, avvocati dello Stato (C‑541/20 to C‑555/20),

Grand Duchy of Luxembourg, represented initially by A. Germeaux and T. Uri, and subsequently by A. Germeaux, acting as Agents (C‑541/20 to C‑555/20),

Kingdom of the Netherlands, represented by M.K. Bulterman and J. Langer, acting as Agents (C‑541/20 to C‑555/20),

Republic of Austria, represented by A. Posch and J. Schmoll, acting as Agents (C‑541/20 to C‑555/20),

Kingdom of Sweden, represented initially by H. Eklinder, J. Lundberg, C. Meyer‑Seitz, A.M. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson, H. Shev and O. Simonsson, and subsequently by H. Eklinder, C. Meyer‑Seitz, A. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson, H. Shev and O. Simonsson, acting as Agents (C‑541/20 to C‑555/20),

interveners,

THE COURT (Grand Chamber),

composed of K. Lenaerts, President, L. Bay Larsen, Vice‑President, E. Regan (Rapporteur), T. von Danwitz, F. Biltgen and Z. Csehi, Presidents of Chambers, S. Rodin, A. Kumin, I. Ziemele, J. Passer, D. Gratsias, M.L. Arastey Sahún and M. Gavalec, Judges,

Advocate General: G. Pitruzzella,

Registrar: R. Şereş and R. Stefanova-Kamisheva, Administrators,

having regard to the written procedure and further to the hearing on 24 and 25 April 2023,

after hearing the Opinion of the Advocate General at the sitting on 14 November 2023,

gives the following

By its applications, the Republic of Lithuania (C‑541/20 and C‑542/20) asks the Court to annul:

–principally, point 6(d) of Article 1 and Article 3 of Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (OJ 2020 L 249, p. 1), or, in the alternative, the entirety of Regulation 2020/1054 (C‑541/20);

–point 3 of Article 1 of Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector (OJ 2020 L 249, p. 17), in so far as it inserts paragraph 1(b) in Article 5 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ 2009 L 300, p. 51), as well as point 4(a) of Article 2 of Regulation 2020/1055 (C‑542/20), and

–principally, Article 1(3) and (7) of Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (OJ 2020 L 249, p. 49) or, in the alternative, Directive 2020/1057 in its entirety (C‑541/20).

By its applications, the Republic of Bulgaria (C‑543/20 to C‑545/20) asks the Court to annul:

–principally, point 6(c) and (d) of Article 1 of Regulation 2020/1054 or, in the alternative, that regulation in its entirety (C‑543/20);

–Directive 2020/1057 (C‑544/20), and

–principally, point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009 or, in the alternative, point 3 of Article 1 of Regulation 2020/1055 in its entirety, and point 4(a) of Article 2 of that regulation, or, in the alternative, point 4 of Article 2 of that regulation or, in the further alternative, the same regulation in its entirety (C‑545/20).

3.3

By its applications, Romania (C‑546/20 to C‑548/20) asks the Court to annul:

–principally, point 6(c) and (d) of Article 1 of Regulation 2020/1054 or, in the alternative, that regulation in its entirety (C‑546/20);

–point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009, and point 4(a) to (c) of Article 2 of Regulation 2020/1055 or, in the alternative, that regulation in its entirety (C‑547/20), and

–principally, Article 1(3) to (6) of Directive 2020/1057 or, in the alternative, that directive in its entirety (C‑548/20).

By its applications, the Republic of Cyprus (C‑549/20 and C‑550/20) asks the Court to annul:

–principally, point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009 or, in the alternative, point 3 of Article 1 of Regulation 2020/1055 in its entirety, or, in the further alternative, that regulation in its entirety (C‑549/20), and

–Directive 2020/1057 in its entirety (C‑550/20).

By its application, Hungary (C‑551/20) asks the Court to annul:

–point 6(c) of Article 1 and point 2 of Article 2 of Regulation 2020/1054 and, as the case may be, all the provisions of that regulation which are inseparable from them, or indeed that regulation in its entirety;

–point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009 and, where appropriate, all the provisions of Regulation 2020/1055 that are inseparable from it, and

–Article 1 of Directive 2020/1057 or, in the alternative, Article 1(6) thereof and, where appropriate, all the provisions that are inseparable from it.

6.6

By its application, the Republic of Malta (C‑552/20) asks the Court to annul point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009, and point 4(a) of Article 2 of Regulation 2020/1055.

By its applications, the Republic of Poland (C‑553/20 to C‑555/20) asks the Court to annul:

–principally, point 6(d) of Article 1 of Regulation 2020/1054 or, in the alternative, the entirety of that regulation (C‑553/20);

–principally, point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009, point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(g) in Article 5 of Regulation No 1071/2009, point 4(a) of Article 2 of Regulation 2020/1055, and point 5(b) of Article 2 of that regulation or, in the alternative, that regulation in its entirety (C‑554/20), and

–principally, Article 1(3), (4), (6) and (7) and Article 9(1) of Directive 2020/1057 or, in the alternative, that directive in its entirety (C‑555/20).

Legal context

International law

8.8

On 9 May 1992, the United Nations Framework Convention on Climate Change (United Nations Treaty Series, Vol. 1771, p. 107; ‘the UNFCCC’) was adopted in New York, the ultimate objective of which is to stabilise greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. On 11 December 1997, under the UNFCCC, the parties to the UNFCCC adopted the Kyoto Protocol to that framework convention.

In order to anticipate the end of the second commitment period of the Kyoto Protocol, which covered the period 2013-2020, the Conference of the Parties to the UNFCCC adopted, on 12 December 2015, the Paris Agreement on Climate Change, with the main aim of containing an increase in the global temperature of between 1.5 °C and 2 °C above pre-industrial levels.

Article 2 of that agreement provides:

‘1. This Agreement, in enhancing the implementation of the [UNFCCC], including its objective, aims to strengthen the global response to the threat of climate change, in the context of sustainable development and efforts to eradicate poverty, including by:

(a)Holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5 °C above pre-industrial levels, recognising that this would significantly reduce the risks and impacts of climate change;

(b)Increasing the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development, in a manner that does not threaten food production; and

(c)Making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development.

Article 4 of that agreement provides, in paragraphs 1 to 3:

‘1. In order to achieve the long-term temperature goal set out in Article 2, Parties aim to reach global peaking of greenhouse gas emissions as soon as possible, recognising that peaking will take longer for developing country Parties, and to undertake rapid reductions thereafter in accordance with best available science, so as to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century, on the basis of equity, and in the context of sustainable development and efforts to eradicate poverty.

3. Each Party’s successive nationally determined contribution will represent a progression beyond the Party’s then current nationally determined contribution and reflect its highest possible ambition, reflecting its common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.’

(a) Regulation (EC) No 561/2006

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) was last amended, in several of its provisions, by Regulation 2020/1054.

In Chapter I of Regulation No 561/2006, entitled ‘Introductory provisions’, Article 4(d) to (h) of that regulation, which was not amended by Regulation 2020/1054, provides:

‘For the purposes of this Regulation the following definitions shall apply:

…

(d) “break” means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation;

…

(f) “rest” means any uninterrupted period during which a driver may freely dispose of his time;

(g) “daily rest period” means the daily period during which a driver may freely dispose of his time and covers a “regular daily rest period” and a “reduced daily rest period”:

–“regular daily rest period” means any period of rest of at least 11 hours. Alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least 3 hours and the second an uninterrupted period of at least [9] hours,

–“reduced daily rest period” means any period of rest of at least [9] hours but less than 11 hours;

(h) “weekly rest period” means the weekly period during which a driver may freely dispose of his time and covers a “regular weekly rest period” and a “reduced weekly rest period”:

–“regular weekly rest period”: means any period of rest of at least 45 hours;

–“reduced weekly rest period” means any period of rest of less than 45 hours, which may, subject to the conditions laid down in Article 8(6), be shortened to a minimum of 24 consecutive hours;

…’

In Chapter II of Regulation No 561/2006, entitled ‘Crews, driving times, breaks and rest periods’, Article 8(6) and (8) of that regulation, in the version prior to the entry into force of Regulation 2020/1054, provided:

6. In any two consecutive weeks a driver shall take at least:

–two regular weekly rest periods, or

–one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.

A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.

…

8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary.’

In the same chapter, Article 9(2) and (3) of Regulation No 561/2006, in the version prior to the entry into force of Regulation 2020/1054, stated:

3. Any time spent by a driver driving a vehicle which falls outside the scope of this Regulation to or from a vehicle which falls within the scope of this Regulation, which is not at the driver’s home or at the employer’s operational centre where the driver is normally based, shall count as other work.

In Chapter IV of Regulation No 561/2006, entitled ‘Exceptions’, Article 14 of that regulation, in the version prior to the entry into force of Regulation 2020/1054, was worded as follows:

3. The Commission shall inform the other Member States of any exception granted pursuant to this Article.

Under Article 16(2) of Regulation No 561/2006, which appears in Chapter V of that regulation, entitled ‘Control procedures and sanctions’, and which was not amended by Regulation 2020/1054:

‘A service timetable and a duty roster shall be drawn up by the transport undertaking and shall show, in respect of each driver, the name, place where he is based and the schedule laid down in advance for various periods of driving, other work, breaks and availability.

Each driver assigned to a service referred to in paragraph 1 shall carry an extract from the duty roster and a copy of the service timetable.’

In the same chapter, Article 18 of Regulation No 561/2006, which was not amended by Regulation 2020/1054, provides:

‘Member States shall adopt such measures as may be necessary for the implementation of this Regulation.’

(b) Regulation (EU) No 165/2014

Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation No 561/2006 (OJ 2014 L 60, p. 1) was amended, in several of its provisions, by Regulation 2020/1054.

In Chapter I of Regulation No 165/2014, entitled ‘Principles, scope and requirements’, Article 3 of that regulation, itself entitled ‘Scope’, in the version prior to the entry into force of Regulation 2020/1054, provided in paragraph 4:

‘15 years after newly registered vehicles are required to have a tachograph as provided in Articles 8, 9 and 10, vehicles operating in a Member State other than their Member State of registration shall be fitted with such a tachograph.’

In Chapter II of Regulation No 165/2014, entitled ‘Smart tachograph’, Article 11 of that regulation, itself entitled ‘Detailed provisions for smart tachographs’, in its wording prior to the entry into force of Regulation 2020/1054, provided:

‘In order to ensure that smart tachographs comply with the principles and requirements set out in this Regulation, the Commission shall, by means of implementing acts, adopt detailed provisions necessary for the uniform application of Articles 8, 9 and 10, excluding any provisions which would provide for the recording of additional data by the tachograph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

The detailed provisions referred to in the first paragraph shall:

(a) in relation to the performance of the functions of the smart tachograph as referred to in this Chapter, include the necessary requirements to guarantee the security, accuracy and reliability of data as provided to the tachograph by the satellite positioning service and the remote communication technology referred to in Articles 8 and 9;

(b) specify the various conditions and requirements for the satellite positioning service and the remote communication technology referred to in Articles 8 and 9 to be either outside or embedded in the tachograph and, when outside, specify the conditions for the use of the satellite positioning signal as a second motion sensor;

(c) specify the necessary standards for the interface referred to in Article 10. Such standards may include a provision on the distribution of access rights for drivers, workshops and transport undertakings, and control roles for the data recorded by the tachograph, which control roles shall be based on an authentication/authorisation mechanism defined for the interface, such as a certificate for each level of access and subject to the technical feasibility thereof.’

In Chapter VI of Regulation No 165/2014, entitled ‘Use of equipment’, Article 33 of that regulation, itself entitled ‘Responsibility of transport undertakings’, which was not amended by Regulation 2020/1054, provides in paragraph 2:

‘Transport undertakings shall keep record sheets and printouts, whenever printouts have been made to comply with Article 35, in chronological order and in a legible form, for at least a year after their use, and shall give copies to the drivers concerned who request them. Transport undertakings shall also give copies of data downloaded from driver cards to the drivers concerned who request them, together with printed paper versions of those copies. Record sheets, printouts and downloaded data shall be produced or handed over at the request of any authorised control officer.’

Article 1(2) of Commission Implementing Regulation (EU) 2016/799 of 18 March 2016 implementing Regulation (EU) No 165/2014 of the European Parliament and of the Council laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components (OJ 2016 L 139, p. 1), as amended by Commission Implementing Regulation (EU) 2018/502 of 28 February 2018 (OJ 2018 L 85, p. 1) (‘Implementing Regulation 2016/799’), provides:

‘The construction, testing, installation, inspection, operation and repair of smart tachographs and their components, shall comply with the technical requirements set out in Annex IC to this Regulation.’

The third paragraph of Article 6 of Implementing Regulation 2016/799 provides:

‘However, Annex IC shall apply from 15 June 2019 …’

Annex IC concerns the requirements for the construction, testing, installation and inspection of smart tachographs.

(c) Regulation 2020/1054

Recitals 1, 2, 4, 6, 8, 13 to 15, 17 to 19, 23, 27, 34 and 36 of Regulation 2020/1054 are worded as follows:

‘(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe, efficient and socially accountable road transport sector in order to ensure non-discrimination and to attract qualified workers. To facilitate that process it is essential that the Union social rules on road transport are clear, proportionate, fit for purpose, and are easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.

(2) Having evaluated the effectiveness and efficiency of the implementation of the current set of Union social rules in road transport, and in particular Regulation [No 561/2006], certain deficiencies were identified in the implementation of that legal framework. Unclear rules on weekly rest periods, resting facilities and breaks in multi-manning, as well as the absence of rules on the return of drivers to their home, have led to diverging interpretations and enforcement practices in the Member States. Several Member States have recently adopted unilateral measures further increasing legal uncertainty and the unequal treatment of drivers and operators. However, the maximum driving periods per day and per week are effective in improving the social conditions of drivers and road safety in general. Unremitting efforts are necessary to ensure compliance.

…

(4) The ex post evaluation of Regulation [No 561/2006] confirmed that the inconsistent and ineffective enforcement of the Union social rules was mainly due to unclear rules, to inefficient and unequal use of the control tools and to insufficient administrative cooperation between the Member States.

…

(6) Clear, suitable, proportionate and evenly enforced rules are also crucial for achieving the policy objectives of improving working conditions for drivers, and in particular ensuring undistorted and fair competition between operators and contributing to road safety for all road users.

…

(8) Drivers engaged in long-distance international transport of goods spend long periods away from their homes. The current requirements on the regular weekly rest may prolong those periods unnecessarily. It is thus desirable to adapt the provisions on the regular weekly rest periods in such a way that it is easier for drivers to carry out international transport operations in compliance with the rules and to reach their home for their regular weekly rest period, and be fully compensated for all reduced weekly rest periods. …

…

(13) In order to promote social progress, it is appropriate to specify where the weekly rest periods may be taken, ensuring that drivers enjoy adequate rest conditions. The quality of accommodation is particularly important during the regular weekly rest periods, which the driver should spend away from the vehicle’s cabin in a suitable accommodation, at the cost of the transport undertaking as an employer. In order to ensure good working conditions and the safety of drivers, it is appropriate to clarify the requirement for drivers to be provided with quality and gender-friendly accommodation for their regular weekly rest periods if they are taken away from home.

(14) It is also necessary to provide for transport undertakings to organise the work of drivers in such a way that periods away from home are not excessively long and that drivers can benefit from long rest periods taken in compensation for reduced weekly rest periods. Organising the return should allow reaching an operational centre of the transport undertaking in its Member State of establishment or the driver’s place of residence, and the drivers are free to choose where to spend their rest period. In order to demonstrate that the transport undertaking fulfils its obligations regarding the organisation of the regular return, the transport undertaking should be able to use tachograph records, duty rosters of the drivers or other documentation. Such evidence should be available at the transport undertaking’s premises to be presented if requested by control authorities.

(15) While regular weekly rest periods and longer rest periods cannot be taken in the vehicle or in a parking area, but only in suitable accommodation, which may be adjacent to a parking area, it is of utmost importance to enable drivers to locate safe and secure parking areas that provide appropriate levels of security and appropriate facilities. The Commission has already studied how to encourage the development of high-quality parking areas, including the necessary minimum requirements. The Commission should therefore develop standards for safe and secure parking areas. Those standards should contribute to promoting high-quality parking areas. The standards may be revised in order to cater for better access to alternative fuels, in line with policies developing that infrastructure. It is also important that parking areas are being kept free from ice and snow.

…

(17) It is in the interests of road safety and enforcement that all drivers should be fully aware of the rules on driving and rest times and of the dangers of fatigue. Easily accessible information on available rest facilities is of importance in this regard. Therefore, the Commission should provide information on safe and secure parking areas through a user-friendly website. That information should be kept up to date.

(18) In order to ensure the continued safety and security of parking areas, the power to adopt acts in accordance with Article 290 [TFEU] should be delegated to the Commission in respect of establishing standards for the level of service in safe and secure parking areas and procedures for the certification of the safety and security of parking areas. …

(19) The revised TEN-T guidelines established by Regulation (EU) No 1315/2013 of the European Parliament and of the Council [of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ 2013 L 348, p. 1) (“the TEN-T Regulation”)] envisage the development of parking areas on motorways approximately every 100 km to provide commercial road users with parking space that has an appropriate level of safety and security. In order to accelerate and promote the construction of adequate parking infrastructure, it is important that sufficient opportunities for co-funding by the Union are available in accordance with current and future Union legal acts establishing the conditions for that financial support.

…

(23) Member States should take all measures necessary to ensure that national rules on penalties applicable to infringements of Regulation [No 561/2006] and Regulation [No 165/2014] are implemented in an effective, proportionate and dissuasive manner. …

…

(27) The cost-effectiveness of enforcement of the social rules, the rapid development of new technologies, the digitalisation throughout the Union economy and the need for a level playing field among companies in international road transport make it necessary to shorten the transitional period for the installation of smart tachographs in registered vehicles. Smart tachographs will contribute to simplified controls and thus facilitate the work of national authorities.

…

(34) It is important that transport undertakings established in third countries are subject to rules which are equivalent to Union rules when performing road transport operations in the territory of the Union. The Commission should assess the application of this principle at Union level and propose adequate solutions to be negotiated in the context of the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (“AETR Agreement”).

(36) Since the objectives of this Regulation, namely to improve road safety and working conditions for drivers within Union through the harmonisation of the rules on driving times, breaks and rest periods in road transport and the harmonisation of the rules on the use and enforcement of tachographs cannot be sufficiently achieved by the Member States, but can rather, by reason of the nature of the objectives, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 [TEU]. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.’

Points 6 to 8, 11, 13 and 16 of Article 1 of Regulation 2020/1054 provides:

‘Regulation [No 561/2006] is amended as follows:

…

(6) Article 8 is amended as follows:

paragraph 6 is replaced by the following:

“6. In any two consecutive weeks a driver shall take at least:

(a)two regular weekly rest periods; or

(b)one regular weekly rest period and one reduced weekly rest period of at least 24 hours.

A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.

By way of derogation from the first subparagraph, a driver engaged in international transport of goods may, outside the Member State of establishment, take two consecutive reduced weekly rest periods provided that the driver in any four consecutive weeks takes at least four weekly rest periods, of which at least two shall be regular weekly rest periods.

For the purpose of this paragraph, a driver shall be considered to be engaged in international transport where the driver starts the two consecutive reduced weekly rest periods outside the Member State of the employer’s establishment and the country of the drivers’ place of residence.”;

…

paragraph 8 is replaced by the following:

“8. The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle. They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities.

Any costs for accommodation outside the vehicle shall be covered by the employer.”;

the following paragraph is inserted:

“8a. Transport undertakings shall organise the work of drivers in such a way that the drivers are able to return to the employer’s operational centre where the driver is normally based and where the driver’s weekly rest period begins, in the Member State of the employer’s establishment, or to return to the drivers’ place of residence, within each period of four consecutive weeks, in order to spend at least one regular weekly rest period or a weekly rest period of more than 45 hours taken in compensation for reduced weekly rest period.

However, where the driver has taken two consecutive reduced weekly rest periods in accordance with paragraph 6, the transport undertaking shall organise the work of the driver in such a way that the driver is able to return before the start of the regular weekly rest period of more than 45 hours taken in compensation.

The undertaking shall document how it fulfils that obligation and shall keep the documentation at its premises in order to present it at the request of control authorities.”

…

(7) the following Article is inserted:

“Article 8a

–intrusion detection and prevention,

–lighting and visibility,

–emergency contact points and procedures,

–gender-friendly sanitary facilities,

–food and beverage purchasing options,

–communications connections,

–power supply.

The list of such parking areas shall be made available on a single official website that is regularly updated.

3. All parking areas that have been certified may indicate that they are certified in accordance with Union standards and procedures.

In accordance with point (c) of Article 39(2) of [the TEN-T] Regulation, Member States are to encourage the creation of parking space for commercial road users.

(8) Article 9 is amended as follows:

…

(b) paragraph (2) is replaced by the following:

“2. Any time spent travelling to a location to take charge of a vehicle falling within the scope of this Regulation, or to return from that location, when the vehicle is neither at the driver’s home nor at the employer’s operational centre where the driver is normally based, shall not be counted as a rest or break unless the driver is on a ferry or train and has access to a sleeper cabin, bunk or couchette.”

…

(11) In Article 12, the following paragraphs are added:

“Provided that road safety is not thereby jeopardised, in exceptional circumstances, the driver may also depart from Article 6(1) and (2) and Article 8(2) by exceeding the daily and weekly driving time by up to one hour in order to reach the employer’s operational centre or the driver’s place of residence to take a weekly rest period.

Under the same conditions, the driver may exceed the daily and weekly driving time by up to two hours, provided that an uninterrupted break of 30 minutes was taken immediately prior to the additional driving in order to reach the employer’s operational centre or the driver’s place of residence for taking a regular weekly rest period.

…”

…

(13) In Article 14, paragraph 2 is replaced by the following:

“2. In urgent cases Member States may grant, under exceptional circumstances, a temporary exception for a period not exceeding 30 days, which shall be duly reasoned and notified immediately to the Commission. The Commission shall immediately publish this information on a public website.”

…

(16) In Article 19, paragraph 1 is replaced by the following:

“1. Member States shall lay down rules on penalties applicable to infringements of this Regulation [No 165/2014] and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective and proportionate to the gravity of the infringements … as well as dissuasive and non-discriminatory. No infringement of this Regulation and of Regulation [No 165/2014] shall be subject to more than one penalty or procedure. …”‘

Article 2 of Regulation 2020/1054 is worded as follows:

‘Regulation (EU) No 165/2014 is amended as follows:

…

(2) In Article 3, paragraph 4 is replaced by the following:

“4. No later than three years from the end of the year of entry into force of the detailed provisions referred to in the second paragraph of Article 11, the following categories of vehicles operating in a Member State other than their Member State of registration shall be fitted with a smart tachograph as provided in Articles 8, 9 and 10 of this Regulation:

(a)vehicles fitted with an analogue tachograph;

(b)vehicles fitted with a digital tachograph complying with the specifications in Annex IB to [Council] Regulation (EEC) No 3821/85 [of 20 December 1985 on recording equipment in road transport (OJ 1985 L 370, p. 8)] applicable until 30 September 2011;

(c)vehicles fitted with a digital tachograph complying with the specifications in Annex IB to Regulation [No 3821/85] applicable from 1 October 2011; and

(d)vehicles fitted with a digital tachograph complying with the specifications in Annex IB to Regulation [No 3821/85] applicable from 1 October 2012.

4a. No later than four years after the entry into force of detailed provisions referred to in the second paragraph of Article 11, vehicles which are fitted with a smart tachograph complying with Annex IC to [Implementing Regulation 2016/799] operating in a Member State other than their Member State of registration shall be fitted with a smart tachograph as provided in Articles 8, 9 and 10 of this Regulation.”

…

(8) Article 11 is amended as follows:

(a)the first paragraph is replaced by the following:

“In order to ensure that smart tachographs comply with the principles and requirements set out in this Regulation, the Commission shall, by means of implementing acts, adopt detailed provisions necessary for the uniform application of Articles 8, 9 and 10, excluding any provisions which would provide for the recording of additional data by the tachograph.

By 21 August 2021, the Commission shall adopt implementing acts laying down detailed provisions for the uniform application of the obligation to record and store data relating to any border crossing of the vehicle and activities referred to in the second and third indent of the first subparagraph of Article 8(1) and in the second subparagraph of Article 8(1).

…”‘

(29) The technical specifications for smart tachographs referred to in the second paragraph of Article 11 of Regulation No 165/2014, as amended by point 8(a) of Article 2 of Regulation 2020/1054, are the subject of Commission Implementing Regulation (EU) 2021/1228 of 16 July 2021 amending Implementing Regulation 2016/799 (OJ 2021 L 273, p. 1), as amended by Commission Implementing Regulation (EU) 2023/980 of 16 May 2023, as regards a transitional smart tachograph and its use of the Galileo Open Service Navigation Message Authentication and amending Implementing Regulation (EU) 2021/1228 (OJ 2023 L 134, p. 28) (‘Implementing Regulation 2021/1228’). Article 1 of Implementing Regulation 2021/1228 amends Annex IC to Implementing Regulation 2016/799 in accordance with the annex to Implementing Regulation 2021/1228.

(30) Article 3, first paragraph, of Regulation 2020/1054 provides:

‘This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

…’

(a) Directive 92/106/EEC

(31) The third recital 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 (OJ 1992 L 368, p. 38), is worded as follows:

‘Whereas the increasing problems relating to road congestion, the environment and road safety call, in the public interest, for the further development of combined transport as an alternative to road transport;’

(32) Article 1 of the directive provides:

‘This Directive shall apply to combined transport operations, without prejudice to [Council] Regulation (EEC) No 881/92 [of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (OJ 1992 L 95, p. 1)].

For the purposes of this Directive, “combined transport” means the transport of goods between Member States where the lorry, trailer, semi-trailer, with or without tractor unit, swap body or container of 20 feet or more uses the road on the initial or final leg of the journey and, on the other leg, rail or inland waterway or maritime services where this section exceeds 100 km as the crow flies and make the initial or final road transport leg of the journey;

between the point where the goods are loaded and the nearest suitable rail loading station for the initial leg, and between the nearest suitable rail unloading station and the point where the goods are unloaded for the final leg, or;

within a radius not exceeding 150 km as the crow flies from the inland waterway port or seaport of loading or unloading.’

…

(6) “cabotage operations” means national carriage for hire or reward carried out on a temporary basis in a host Member State, in conformity with this Regulation;

…’

Chapter III of Regulation No 1072/2009, entitled ‘Cabotage’, consists of Articles 8 to 10 of that regulation.

Article 8 of that regulation, itself entitled ‘General principle’, in the version prior to the entry into force of Regulation 2020/1055, provided:

‘1. Any haulier for hire or reward who is a holder of a Community licence and whose driver, if he is a national of a third country, holds a driver attestation, shall be entitled, under the conditions laid down in this Chapter, to carry out cabotage operations.

Within the time limit referred to in the first subparagraph, hauliers may carry out some or all of the cabotage operations permitted under that subparagraph in any Member State under the condition that they are limited to one cabotage operation per Member State within 3 days of the unladen entry into the territory of that Member State.

3. National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to conform with this Regulation if the haulier can produce clear evidence of the incoming international carriage and of each consecutive cabotage operation carried out.

Evidence referred to in the first subparagraph shall comprise the following details for each operation:

(a)the name, address and signature of the sender;

(b)the name, address and signature of the haulier;

(c)the name and address of the consignee as well as his signature and the date of delivery once the goods have been delivered;

(d)the place and the date of taking over of the goods and the place designated for delivery;

(e)the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description, as well as the number of packages and their special marks and numbers;

(f)the gross mass of the goods or their quantity otherwise expressed;

(g)the number plates of the motor vehicle and trailer.

6. Permission to carry out cabotage operations, within the framework of the types of carriage referred to in Article 1(5)(d) and (e), shall be unrestricted.’

Article 10 of Regulation No 1072/2009, entitled ‘Safeguard procedure’, in the version prior to the entry into force of Regulation 2020/1055, provided:

‘1. In the event of serious disturbance of the national transport market in a given geographical area due to, or aggravated by, cabotage, any Member State may refer the matter to the Commission with a view to the adoption of safeguard measures and shall provide the Commission with the necessary information and notify it of the measures it intends to take as regards resident hauliers.

– “serious disturbance of the national transport market in a given geographical area” means the existence on the market of problems specific to it, such that there is a serious and potentially enduring excess of supply over demand, implying a threat to the financial stability and survival of a significant number of hauliers,

– “geographical area” means an area covering all or part of the territory of a Member State or extending to all or part of the territory of other Member States.

3. The Commission shall examine the situation on the basis in particular of the relevant data and, after consulting the committee referred to in Article 15(1), shall decide within 1 month of receipt of the Member State’s request whether or not safeguard measures are necessary and shall adopt them if they are necessary.

Such measures may involve the temporary exclusion of the area concerned from the scope of this Regulation.

Measures adopted in accordance with this Article shall remain in force for a period not exceeding 6 months, renewable once within the same limits of validity.

The Commission shall without delay notify the Member States and the Council of any decision taken pursuant to this paragraph.

The limits of validity laid down in the third subparagraph of paragraph 3 shall apply to the Council’s decision. The competent authorities of the Member States concerned shall be required to take measures of equivalent scope in respect of resident hauliers, and shall inform the Commission thereof. If the Council takes no decision within the period referred to in the first subparagraph, the Commission decision shall become final.

6. Where the Commission considers that the measures referred to in paragraph 3 need to be prolonged, it shall submit a proposal to the Council, which shall take a decision by qualified majority.’

Regulation 2020/1055

In the words of recitals 6, 8 and 20 to 22 of Regulation 2020/1055:

‘(6) In order to combat the phenomenon of so-called “letterbox companies” and to guarantee fair competition and a level playing field in the internal market, it is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their transport business from there. Therefore, and in light of experience, it is necessary to clarify and strengthen the provisions regarding the existence of an effective and stable establishment while avoiding the imposition of a disproportionate administrative burden.

…

(8) Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letterbox companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls.

The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four-week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators’ possibility to provide services throughout the internal market.

…

(20) The rules on national transport performed on a temporary basis by non-resident hauliers in a host Member State (“cabotage”) should be clear, simple and easy to enforce, while maintaining the level of liberalisation achieved so far.

(21) Cabotage operations should help to increase the load factor of heavy duty vehicles and reduce empty runs, and should be allowed as long as they are not carried out in a way that creates a permanent or continuous activity within the Member State concerned. To ensure that cabotage operations are not carried out in a way that creates a permanent or continuous activity, hauliers should not be allowed to carry out cabotage operations in the same Member State within a certain time after the end of a period of cabotage operations.

(22) While the further liberalisation established by Article 4 of Council Directive 92/106/EEC, compared to cabotage under Regulation (EC) No 1072/2009, has been beneficial in promoting combined transport and should, in principle, be retained, it is necessary to ensure that it is not misused. Experience shows that, in certain parts of the Union, that provision has been used in a systematic manner to circumvent the temporary nature of cabotage and as the basis for the continuous presence of vehicles in a Member State other than that of the establishment of the undertaking. Such unfair practices risk leading to social dumping and jeopardise respect of the legal framework relating to cabotage. It should therefore be possible for Member States to derogate from Article 4 of Directive 92/106/EEC and to apply the provisions relating to cabotage in Regulation (EC) No 1072/2009 in order to address such problems by introducing a proportionate limit to the continuous presence of vehicles within their territory.’

Article 1 of Regulation 2020/1055 provides:

‘Regulation (EC) No 1071/2009 is amended as follows:

…

(3) Article 5 is replaced by the following:

“Article 5 – Conditions relating to the requirement of establishment

(a)have premises at which it is able to access the originals of its core business documents, whether in electronic or any other form, in particular its transport contracts, documents relating to the vehicles at the disposal of the undertaking, accounting documents, personnel management documents, labour contracts, social security documents, documents containing data on the dispatching and posting of drivers, documents containing data relating to cabotage, driving time and rest periods, and any other document to which the competent authority must have access in order to verify the undertaking’s compliance with the conditions laid down in this Regulation;

(b)organise its vehicle fleet’s activity in such a way as to ensure that vehicles that are at the disposal of the undertaking and are used in international carriage return to one of the operational centres in that Member State at least within eight weeks after leaving it;

(c)be registered on the register of commercial companies of that Member State or on a similar register whenever required under national law;

(d)be subject to tax on revenues and, whenever required under national law, have a valid value added tax registration number;

(e)once an authorisation has been granted, have at its disposal one or more vehicles which are registered or put into circulation and authorised to be used in conformity with the legislation of that Member State, regardless of whether those vehicles are wholly owned or, for example, held under a hire-purchase agreement or under a hire or leasing contract;

(f)effectively and continuously conduct its administrative and commercial activities with the appropriate equipment and facilities at premises as referred to in point (a) situated in that Member State and manage its transport operations effectively and continuously using the vehicles referred to in point (g) with the appropriate technical equipment situated in that Member State;

(g)on an ongoing basis, have at its regular disposal a number of vehicles that comply with the conditions laid down in point (e) and drivers who are normally based at an operational centre in that Member State, in both cases proportionate to the volume of transport operations carried out by the undertaking.

…”‘

Article 2 of Regulation 2020/1055 provides:

‘Regulation (EC) No 1072/2009 is amended as follows:

…

(4) Article 8 is amended as follows:

(a)the following paragraph is inserted:

“2a. Hauliers are not allowed to carry out cabotage operations, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within four days following the end of its cabotage operation in that Member State.”;

(b)in paragraph 3, the first subparagraph is replaced by the following:

“3. National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.”;

(c)the following paragraph is inserted:

Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as an electronic consignment note (e-CMR) under the Additional Geneva Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR) concerning the Electronic Consignment Note of 20 February 2008. During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity in order to provide, before the end of the roadside check, any evidence referred to in paragraph 3.

…

(5) Article 10 is amended as follows:

…

(b)the following paragraph is added:

“7. In addition to paragraphs 1 to 6 of this Article and by way of derogation from Article 4 of Directive 92/106/EEC, Member States may, where necessary to avoid misuse of the latter provision through the provision of unlimited and continuous services consisting in initial or final road legs within a host Member State that form part of combined transport operations between Member States, provide that Article 8 of this Regulation apply to hauliers when they carry out such initial and/or final road haulage legs within that Member State. With regard to such road haulage legs, Member States may provide for a longer period than the seven-day period provided for in Article 8(2) of this Regulation and may provide for a shorter period than the four-day period provided for in Article 8(2a) of this Regulation. The application of Article 8(4) of this Regulation to such transport operations shall be without prejudice to requirements following from Directive 92/106/EEC. Member States making use of the derogation provided for in this paragraph shall notify the Commission thereof before applying their relevant national measures. They shall review those measures at least every five years and shall notify the results of that review to the Commission. They shall make the rules, including the length of the respective periods, publicly available in a transparent manner.”‘

…

3.

Legislation on the posting of workers

(a) Directive 96/71/EC

Article 1 of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ 1997 L 18, p. 1), as amended by Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 (OJ 2018 L 173, p. 16), entitled ‘Subject matter and scope’, provides:

‘1. This Directive shall ensure the protection of posted workers during their posting in relation to the freedom to provide services, by laying down mandatory provisions regarding working conditions and the protection of workers’ health and safety that must be respected.

…

3. This Directive shall apply to the extent that the undertakings referred to in paragraph 1 take one of the following transnational measures:

(a) post workers to the territory of a Member State on their account and under their direction, under a contract concluded between the undertaking making the posting and the party for whom the services are intended, operating in that Member State, provided there is an employment relationship between the undertaking making the posting and the worker during the period of posting;

(b) post workers to an establishment or to an undertaking owned by the group in the territory of a Member State, provided there is an employment relationship between the undertaking making the posting and the worker during the period of posting;

(c) being a temporary employment undertaking or placement agency, hire out a worker to a user undertaking established or operating in the territory of a Member State, provided that there is an employment relationship between the temporary employment undertaking or placement agency and the worker during the period of posting.

…’

Article 2 of that directive, which is entitled ‘Definition’, provides, in paragraph 1 thereof:

‘For the purposes of this Directive, “posted worker” means a worker who, for a limited period, carries out his work in the territory of a Member State other than the State in which he normally works.

…’

Article 3 of that directive, entitled ‘Terms and conditions of employment’, provides:

‘1. Member States shall ensure, irrespective of which law applies to the employment relationship, that undertakings as referred to in Article 1(1) guarantee, on the basis of equality of treatment, workers who are posted to their territory the terms and conditions of employment covering the following matters which are laid down in the Member State where the work is carried out:

– by law, regulation or administrative provision, and/or

– by collective agreements or arbitration awards which have been declared universally applicable or otherwise apply in accordance with paragraph 8:

(a) maximum work periods and minimum rest periods;

(b) minimum paid annual leave;

(c) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;

(d) the conditions of hiring-out of workers, in particular the supply of workers by temporary employment undertakings;

(e) health, safety and hygiene at work;

(f) protective measures with regard to the terms and conditions of employment of pregnant women or women who have recently given birth, of children and of young people;

(g) equality of treatment between men and women and other provisions on non-discrimination;

(h) the conditions of workers’ accommodation where provided by the employer to workers away from their regular place of work;

(i) allowances or reimbursement of expenditure to cover travel, board and lodging expenses for workers away from home for professional reasons.

…

3. Member States may, after consulting employers and labour, in accordance with the traditions and practices of each Member State, decide not to apply the first subparagraph of paragraph 1(c) in the cases referred to in Article 1(3)(a) and (b) when the length of the posting does not exceed one month.

…’

(b) Directive 2014/67/EU

Article 9 of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71 and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (OJ 2014 L 159, p. 11) concerns the administrative requirements and control measures with regard to the posting of workers.

(c) Directive 2018/957

Pursuant to recital 15 of Directive 2018/957:

‘Because of the highly mobile nature of work in international road transport, the implementation of this Directive in that sector raises particular legal questions and difficulties, which are to be addressed, in the framework of the mobility package, through specific rules for road transport also reinforcing the combating of fraud and abuse.’

Article 3(3) of that directive provides:

‘This Directive shall apply to the road transport sector from the date of application of a legislative act amending Directive 2006/22/EC [of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ 2006 L 102, p. 35)] as regards enforcement requirements and laying down specific rules with respect to Directive [96/71] and Directive [2014/67] for posting drivers in the road transport sector.’

(d) Directive 2020/1057

Recitals 1 to 4, 7 to 13, 15 and 43 of Directive 2020/1057 are worded as follows:

‘(1) In order to create a safe, efficient and socially responsible road transport sector it is necessary to ensure adequate working conditions and social protection for drivers, on the one hand, and suitable conditions for business and for fair competition for road transport operators (“operators”), on the other. Given the high degree of mobility of the workforce in the road transport sector, sector-specific rules are needed to ensure a balance between the freedom of operators to provide cross-border services, free movement of goods, adequate working conditions and social protection for drivers.

(2) In view of the inherent high degree of mobility of road transport services, particular attention needs to be paid to ensuring that drivers benefit from the rights to which they are entitled and that operators, most of which are small enterprises, are not faced with disproportionate administrative barriers or discriminatory controls which unduly restrict their freedom to provide cross-border services. For the same reason, any national rules applied to road transport must be proportionate as well as justified, taking account of the need to ensure adequate working conditions and social protection for drivers and to facilitate the exercise of the freedom to provide road transport services based on fair competition between national and foreign operators.

(3) The balance between enhancing social and working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair competition between national and foreign operators is crucial for the smooth functioning of the internal market.

(4) Having evaluated the effectiveness and efficiency of the current Union social legislation in the road transport sector, certain loopholes in the existing provisions and deficiencies in their enforcement have been identified, such as those with regard to the use of letterbox companies. Furthermore a number of discrepancies exist between Member States in the interpretation, application and implementation of those provisions, creating a heavy administrative burden for drivers and operators. This creates legal uncertainty, which is detrimental to the social and working conditions of drivers and to the conditions for fair competition for operators in the sector.

…

(7) In order to ensure the effective and proportionate implementation of Directive [96/71] in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularities of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom of operators to provide cross-border services. The provisions on the posting of workers, in Directive [96/71], and on the enforcement of those provisions, in Directive [2014/67], apply to the road transport sector and should be made subject to the specific rules laid down in this Directive.

(8) Given the highly mobile nature of the transport sector, drivers are not generally posted to another Member State under service contracts for long periods of time, as is sometimes the case in other sectors. It should therefore be clarified in which circumstances the rules on long-term posting in Directive [96/71] do not apply to such drivers.

(9) Balanced sector specific rules on posting should be based on the existence of a sufficient link between the driver and the service provided, and the territory of a host Member State. To facilitate enforcement of those rules a distinction should be made between different types of transport operations depending on the degree of connection with the territory of the host Member State.

(10) When a driver engages in bilateral transport operations from the Member State where the undertaking is established (the “Member State of establishment”) to the territory of another Member State or a third country or back to the Member State of establishment, the nature of the service is closely linked with the Member State of establishment. It is possible that a driver undertakes several bilateral transport operations during one journey. It would be a disproportionate restriction to the freedom to provide cross-border road transport services if the posting rules, and therefore the terms and conditions of employment guaranteed in the host Member State, would apply to such bilateral operations.

(11) It should be clarified that international carriage in transit across the territory of a Member State does not constitute a posting situation. Such operations are characterised by the fact that the driver passes the Member State without loading or unloading freight and without picking up or setting down passengers and there is therefore no significant link between the driver’s activities and the Member State transited. The qualification of the driver’s presence in a Member State as transit is, therefore, not affected by stops, for example, for hygiene reasons.

(12) …

When a driver is engaged in a combined transport operation, the nature of the service provided during the initial or final road leg is closely linked with the Member State of establishment if the road leg on its own is a bilateral transport operation. By contrast, when the transport operation during the road leg is carried out within the host Member State or as a non-bilateral international transport operation, there is a sufficient link with the territory of a host Member State and therefore the posting rules should apply.

Where a driver performs other types of operations, notably cabotage operations or non-bilateral international transport operations, there is a sufficient link to the territory of the host Member State. The link exists in case of cabotage operations as defined by [Regulation No 1072/2009] and [Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ 2009 L 300, p. 88)], since the entire transport operation takes place in a host Member State and the service is thus closely linked to the territory of the host Member State. A non-bilateral international transport operation is characterised by the fact that the driver is engaged in international carriage outside of the Member State of establishment of the undertaking making the posting. The services performed are therefore linked with the host Member States concerned rather than with the Member State of establishment. In those cases, sector-specific rules are only required with regard to the administrative requirements and control measures.

…

Union operators face growing competition from operators based in third countries. It is therefore of the utmost importance to ensure that Union operators are not discriminated against. According to Article 1(4) of [Directive 96/71], undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State. That principle should also apply with regard to the specific rules on posting provided for in this Directive. It should, in particular, apply when third country operators perform transport operations under bilateral or multilateral agreements granting access to the Union market.

…

The national measures transposing this Directive should apply from the date 18 months after the date of entry into force of this Directive. Directive [2018/957] is to apply to the road transport sector, in accordance with Article 3(3) of this Directive, from 2 February 2022’.

Article 1 of Directive 2020/1057, entitled ‘Specific rules on the posting of drivers’, provides:

‘1. This Article establishes specific rules as regards certain aspects of Directive [96/71] relating to the posting of drivers in the road transport sector and of Directive [2014/67] relating to administrative requirements and control measures for the posting of those drivers.

3. Notwithstanding Article 2(1) of Directive [96/71], a driver shall not be considered to be posted for the purpose of Directive [96/71] when performing bilateral transport operations in respect of goods.

For the purpose of this Directive, a bilateral transport operation in respect of goods means the movement of goods, based on a transport contract, from the Member State of establishment, as defined in Article 2(8) of Regulation [No 1071/2009], to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment.

From 2 February 2022, which is the date from which drivers are required, pursuant to Article 34(7) of Regulation [No 165/2014], to record border crossing data manually, Member States shall apply the exemption for bilateral transport operations in respect of goods set out in the first and second subparagraphs of this paragraph also where, in addition to performing a bilateral transport operation, the driver performs one activity of loading and/or unloading in the Member States or third countries that the driver crosses, provided that the driver does not load goods and unload them in the same Member State.

Where a bilateral transport operation starting from the Member State of establishment during which no additional activity was performed is followed by a bilateral transport operation to the Member State of establishment, the exemption for additional activities set out in the third subparagraph shall apply to a maximum of two additional activities of loading and/or unloading, under the conditions set out in the third subparagraph.

The exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply only until the date from which smart tachographs complying with the requirement of recording border crossings and additional activities referred to in the first subparagraph of Article 8(1) of Regulation [No 165/2014] are required to be fitted in the vehicles registered in a Member State for the first time, under the fourth subparagraph of Article 8(1) of that Regulation. From that date the exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply solely to drivers using vehicles fitted with smart tachographs, as provided for in Articles 8, 9 and 10 of that Regulation.

For the purpose of this Directive, a bilateral transport operation in international occasional or regular carriage of passengers, within the meaning of Regulation [No 1073/2009], is when a driver performs any of the following operations:

(a)picks up passengers in the Member State of establishment and sets them down in another Member State or a third country;

(b)picks up passengers in a Member State or a third country and sets them down in the Member State of establishment; or

(c)picks up and sets down passengers in the Member State of establishment for the purpose of carrying out local excursions in another Member State or a third country, in accordance with Regulation [No 1073/2009].

From 2 February 2022, which is the date from which drivers are required, pursuant to Article 34(7) of Regulation [No 165/2014], to record border crossing data manually, Member States shall apply the exemption for bilateral transport operations in respect of passengers set out in the first and second subparagraphs of this paragraph also where, in addition to performing a bilateral transport operation, the driver picks up passengers once and/or sets down passengers once in Member States or third countries that the driver crosses, provided that the driver does not offer passenger transport services between two locations within the Member State crossed. The same shall apply to the return journey.

The exemption for additional activities set out in the third subparagraph of this paragraph shall apply only until the date from which smart tachographs complying with the requirement of recording of border crossings and additional activities referred to in the first subparagraph of Article 8(1) of Regulation [No 165/2014] are required to be fitted in the vehicles registered in a Member State for the first time, under the fourth subparagraph of Article 8(1) of that Regulation. From that date the exemption for additional activities set out in the third subparagraph of this paragraph shall apply solely to drivers using vehicles fitted with smart tachographs, as provided for in Articles 8, 9 and 10 of that Regulation.

6. Notwithstanding Article 2(1) of Directive [96/71], a driver shall not be considered to be posted for the purpose of Directive [96/71] when performing the initial or final road leg of a combined transport operation as defined in Council Directive [92/106], if the road leg on its own consists of bilateral transport operations, as defined in paragraph 3 of this Article.

…

(a)an obligation for the operator established in another Member State to submit a posting declaration to the national competent authorities of a Member State to which the driver is posted at the latest at the commencement of the posting, using a multilingual standard form of the public interface connected to the Internal Market Information System (“IMI”), established by Regulation (EU) No 1024/2012 [of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ( ‘the IMI Regulation’ ) (OJ 2012 L 316, p. 1)]. ...

…’

Article 9 of Directive 2020/1057, entitled ‘Transposition’, provides, in the first and second subparagraphs of paragraph 1 thereof:

‘By 2 February 2022, Member States shall adopt and publish the measures necessary to comply with this Directive. They shall immediately inform the Commission thereof.

They shall apply those measures from 2 February 2022.’

Points 12 to 16 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ 2016 L 123, p. 1; ‘the Interinstitutional Agreement’) of 13 April 2016, which are in Chapter III thereof, entitled ‘Tools for better-making’, state, under the heading ‘Impact assessment’:

12.The three Institutions agree on the positive contribution of impact assessments in improving the quality of Union legislation.

Impact assessments are a tool to help the three Institutions reach well-informed decisions and not a substitute for political decisions within the democratic decision-making process. Impact assessments must not lead to undue delays in the law-making process or prejudice the co-legislators’ capacity to propose amendments.

Impact assessments should cover the existence, scale and consequences of a problem and the question whether or not Union action is needed. They should map out alternative solutions and, where possible, potential short and long-term costs and benefits, assessing the economic, environmental and social impacts in an integrated and balanced way and using both qualitative and quantitative analyses. The principles of subsidiarity and proportionality should be fully respected, as should fundamental rights. Impact assessments should also address, whenever possible, the “cost of non-Europe” and the impact on competitiveness and the administrative burdens of the different options, having particular regard [small and medium-sized enterprises (“SMEs”)] (“Think Small First”), digital aspects and territorial impact. Impact assessments should be based on accurate, objective and complete information and should be proportionate as regards their scope and focus.

13.The Commission will carry out impact assessments of its legislative and non-legislative initiatives, delegated acts and implementing measures which are expected to have significant economic, environmental or social impacts. The initiatives included in the Commission Work Programme or in the joint declaration will, as a general rule, be accompanied by an impact assessment.

In its own impact assessment process, the Commission will consult as widely as possible. The Commission’s Regulatory Scrutiny Board will carry out an objective quality check of its impact assessments. The final results of the impact assessments will be made available to the European Parliament, the Council and national Parliaments, and will be made public along with the opinion(s) of the Regulatory Scrutiny Board at the time of adoption of the Commission initiative.

14.The European Parliament and the Council, upon considering Commission legislative proposals, will take full account of the Commission’s impact assessments. To that end, impact assessments shall be presented in such a way as to facilitate the consideration by the European Parliament and the Council of the choices made by the Commission.

15.The European Parliament and the Council will, when they consider this to be appropriate and necessary for the legislative process, carry out impact assessments in relation to their substantial amendments to the Commission’s proposal. The European Parliament and the Council will, as a general rule, take the Commission’s impact assessment as the starting point for their further work. The definition of a “substantial” amendment should be for the respective Institution to determine.

16.The Commission may, on its own initiative or upon invitation by the European Parliament or the Council, complement its own impact assessment or undertake other analytical work it considers necessary. When doing so, the Commission will take into account all available information, the stage reached in the legislative process and the need to avoid undue delays in that process. The co-legislators will take full account of any additional elements provided by the Commission in that context.’

Point 42 of that interinstitutional agreement, which appears in Chapter VII thereof, entitled ‘Implementation and application of Union legislation’, is worded as follows:

‘The three Institutions stress the need for the swift and correct application of Union legislation in the Member States. The time limit for transposition of directives will be as short as possible and, generally, will not exceed two years.’

II.

Background to the dispute

On 31 May 2017, the Commission adopted a number of proposals forming part of a ‘first package of mobility measures’ also known as the ‘Mobility Package’ aimed at amending certain aspects of the EU legislation applicable to the road transport sector.

These included, (i) the Proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (COM(2017) 277 final; ‘the proposal for a working time regulation’), (ii) the Proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector (COM(2017) 281 final; ‘the proposal for an establishment regulation’) and (iii) the Proposal for a directive of the European Parliament and of the Council amending Directive 2006/22 as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector (COM(2017) 278 final; ‘the proposal for a posting directive’).

Those proposals were accompanied by two impact assessments, one concerning the first and the third of those proposals (SWD(2017) 186 final; ‘the Impact assessment – social section’), and the other concerning the second proposal (SWD(2017) 194 final; ‘the Impact assessment – establishment section’).

On 18 January 2018, the European Economic and Social Committee (EESC) delivered two separate opinions concerning, respectively, the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector [COM(2017) 281 final – 2017/0123 (COD)] (OJ 2018 C 197, p. 38) and the proposal for a Directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector [COM(2017) 278 final –2017/0121 (COD)] and on the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs [COM(2017) 277 final – 2017/0122 (COD)] (OJ 2018 C 197, p. 45). For its part, the European Committee of the Regions (CoR) delivered an opinion on those three proposals on 1 February 2018, entitled ‘Europe on the Move: labour aspects of road transport’ (OJ 2018 C 176, p. 57).

Following discussions held both within the Parliament and the Council and between those two institutions, a compromise was reached on the three Commission proposals in the course of negotiations conducted on 11 and 12 December 2019 in the framework of the interinstitutional trialogue between the Council, the Parliament and the Commission.

On 7 April 2020, in the vote in the Council on the adoption of the three legislative acts at issue, they received the support of a qualified majority of Member States, while nine Member States, namely the Republic of Bulgaria, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland and Romania were opposed to their adoption.

On 15 July 2020, the Parliament and the Council adopted Regulations 2020/1054 and 2020/1055 and Directive 2020/1057 (together, ‘the contested acts’).

III. Forms of order sought and procedure before the Court

The Republic of Lithuania claims that the Court should:

–annul, principally, Article 1(3) and (7) of Directive 2020/1057 or, in the alternative, that directive in its entirety;

–annul, principally, point 6(d) of Article 1 and Article 3 of Regulation 2020/1054 or, in the alternative, that regulation in its entirety; and

–order the Parliament and the Council to pay the costs.

The Parliament and the Council contend that the Court should:

–dismiss the action in its entirety; and

–order the Republic of Lithuania to pay the costs.

By order of 13 April 2021, Lithuania v Parliament and Council (C‑541/20 R, EU:C:2021:264), the Vice-President of the Court dismissed the Republic of Lithuania’s application seeking suspension of operation of point 6(d) of Article 1 and Article 3 of Regulation 2020/1054.

By decisions of 27 April 2021, the President of the Court granted the Republic of Estonia, the Republic of Latvia and Romania leave to intervene in support of the form of order sought by the Republic of Lithuania.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

At the hearing on 25 April 2023, the Republic of Lithuania withdrew its application for annulment of Article 1(7) of Directive 2020/1057.

The Republic of Lithuania claims that the Court should:

–annul point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009;

–annul point 4(a) of Article 2 of Regulation 2020/1055, and

–order the Parliament and the Council to pay the costs.

By decisions of 26 April 2021, the President of the Court granted the Republic of Estonia, the Republic of Latvia and Romania leave to intervene in support of the form of order sought by the Republic of Lithuania.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

The Republic of Bulgaria claims that the Court should:

–annul, principally, point 6(c) and (d) of Article 1 of Regulation 2020/1054 or, in the alternative, that regulation in its entirety; and

–order the Parliament and the Council to pay the costs.

The Parliament and the Council contend that the Court should:

–dismiss the action in its entirety; and

–order the Republic of Bulgaria to pay the costs.

By decisions of 29 April 2021, the President of the Court granted the Republic of Latvia and Romania leave to intervene in support of the form of order sought by the Republic of Bulgaria.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

The Republic of Bulgaria claims that the Court should:

–annul Directive 2020/1057; and

–order the Parliament and the Council to pay the costs.

The Parliament and the Council contend that the Court should:

–dismiss the action in its entirety; and

–order the Republic of Bulgaria to pay the costs.

By decisions of 29 April 2021, the President of the Court granted the Republic of Latvia and Romania leave to intervene in support of the form of order sought by the Republic of Bulgaria.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

The Republic of Bulgaria claims that the Court should:

–annul point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009 or, in the alternative, annul point 3 of Article 1 in its entirety;

–annul point 4(a) of Article 2 of Regulation 2020/1055 or, in the alternative, annul point 4 of Article 2 in its entirety;

–in the further alternative, annul that regulation in its entirety; and

–order the Parliament and the Council to pay the costs.

By decisions of 29 April 2021, the President of the Court granted the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania and Romania leave to intervene in support of the form of order sought by the Republic of Bulgaria.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

The Parliament and the Council contend that the Court should:

–dismiss the action in its entirety; and

–order Romania to pay the costs.

By decisions of 21 April 2021, the President of the Court granted the Republic of Latvia leave to intervene in support of the form of order sought by Rome.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

Romania claims that the Court should:

–annul point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009;

–annul point 4(a) to (c) of Article 2 of Regulation 2020/1055;

–in the alternative, annul that regulation in its entirety, and

–order the Parliament and the Council to pay the costs.

By decisions of 22 April 2021, the President of the Court granted the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania leave to intervene in support of the form of order sought by Romania.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

Romania claims that the Court should:

–annul, principally, Article 1(3) to (6) of Directive 2020/1057 or, in the alternative, that directive in its entirety; and

–order the Parliament and the Council to pay the costs.

The Parliament and the Council contend that the Court should:

–dismiss the action in its entirety, and

–order Romania to pay the costs.

By decisions of 22 April 2021, the President of the Court granted the Republic of Estonia and the Republic of Latvia leave to intervene in support of the form of order sought by Romania.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

The Republic of Cyprus claims that the Court should:

–annul point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009 or, in the alternative, annul point 3 of Article 1 in its entirety;

–in the further alternative, annul Regulation 2020/1055 in its entirety, and

–order the Parliament and the Council to pay the costs.

By decisions of 12 May 2021, the President of the Court granted the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania and Romania leave to intervene in support of the form of order sought by the Republic of Cyprus.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

The Republic of Cyprus claims that the Court should:

–annul Directive 2020/1057; and

–order the Parliament and the Council to pay the costs.

The Parliament and the Council contend that the Court should:

–dismiss the action in its entirety; and

–order the Republic of Cyprus to pay the costs.

By decisions of 29 April 2021, the President of the Court granted the Republic of Estonia, the Republic of Latvia and Romania leave to intervene in support of the form of order sought by the Republic of Cyprus.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

Hungary claims that the Court should:

–annul point 6(c) of Article 1 and point 2 of Article 2 of Regulation 2020/1054 and, as the case may be, the provisions of that regulation which are inseparable from them, or indeed that regulation in its entirety;

–annul point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009 and, where appropriate, the provisions of Regulation 2020/1055 that are inseparable from it;

–annul, principally, Article 1 of Directive 2020/1057 or, in the alternative, point 6 of Article 1 thereof, and, where appropriate, the provisions of that directive which are inseparable from it; and

–order the Parliament and the Council to pay the costs.

The Parliament and the Council contend that the Court should:

–dismiss the action in its entirety, and

–order Hungary to pay the costs.

By decisions of 13 April 2021, the President of the Court granted the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania and Romania leave to intervene in support of the form of order sought by Hungary.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

The Republic of Malta claims that the Court should:

–annul, principally, Article 1(3) to (6) of Directive 2020/1057 or, in the alternative, that directive in its entirety; and

–order the Parliament and the Council to pay the costs.

–annul point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009;

–annul point 4(a) of Article 2 of Regulation 2020/1055, and

–order the Parliament and the Council to pay the costs.

By decisions of 22 April 2021, the President of the Court granted the Kingdom of Belgium, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania and Romania leave to intervene in support of the form of order sought by the Republic of Malta.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

The Republic of Poland claims that the Court should:

–annul, principally, point 6(d) of Article 1 of Regulation 2020/1054 or, in the alternative, that regulation in its entirety; and

–order the Parliament and the Council to pay the costs.

The Parliament and the Council contend that the Court should:

–dismiss the action in its entirety, and

–order the Republic of Poland to pay the costs.

By decisions of 27 April 2021, the President of the Court granted the Republic of Latvia and Romania leave to intervene in support of the form of order sought by the Republic of Poland.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

The Republic of Poland claims that the Court should:

–annul point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009;

–annul point 3 of Article 1 of Regulation 2020/1055, in so far as it inserts paragraph 1(g) in Article 5 of Regulation No 1071/2009;

–annul point 4(a) of Article 2 of Regulation 2020/1055;

–annul point 5(b) of Article 2 of that regulation;

–in the alternative, annul that regulation in its entirety; and

–order the Parliament and the Council to pay the costs.

By decisions of 27 April 2021, the President of the Court granted the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania and Romania leave to intervene in support of the form of order sought by the Republic of Poland.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

The Republic of Poland claims that the Court should:

–annul Article 1(3), (4), (6) and (7) and Article 9(1) of Directive 2020/1057, or, in the alternative, that directive in its entirety; and

–order the Parliament and the Council to pay the costs.

The Parliament and the Council contend that the Court should:

–dismiss the action in its entirety, and

–order the Republic of Poland to pay the costs.

By decisions of 27 April 2021, the President of the Court granted the Republic of Estonia, the Republic of Latvia and Romania leave to intervene in support of the form of order sought by the Republic of Poland.

By decisions of the same date, the President of the Court granted the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden leave to intervene in support of the forms of order sought by the Parliament and the Council and granted the Italian Republic leave to intervene in support of the form of order sought by the Council.

By decision of 13 October 2023, the President of the Court decided, in accordance with Article 54(2) of the Rules of Procedure of the Court of Justice, to join Cases C‑541/20 to C‑555/20 for the purposes of both the oral part of the procedure, in so far as that part of the procedure had not yet been closed, and the decision closing the proceedings.

The Republic of Lithuania (Case C‑541/20), the Republic of Bulgaria (Case C‑543/20), Romania (Case C‑546/20), Hungary (Case C‑551/20) and the Republic of Poland (Case C‑553/20) seek the annulment of several provisions of Regulation 2020/1054 or, in the alternative, of that regulation in its entirety.

In the first place, the actions brought by the Republic of Bulgaria, Romania and Hungary seek the annulment of point 6(c) of Article 1 of Regulation 2020/1054, which replaced Article 8(8) of Regulation No 561/2006 with a new paragraph 8, which essentially prohibits drivers from taking their regular weekly rest periods or weekly rest periods of more than 45 hours in a vehicle, where this is taken in compensation for the reduction of a previous weekly rest period (‘the prohibition of regular or compensatory weekly rest in the vehicle’).

In the second place, the actions brought by the Republic of Lithuania, the Republic of Bulgaria, Romania and the Republic of Poland seek the annulment of point 6(d) of Article 1 of Regulation 2020/1054, which inserted paragraph 8a in Article 8 of Regulation No 561/2006, which lays down an obligation on transport undertakings to organise drivers’ work in such a way that they are able to return every three or four weeks, depending on whether or not they have previously taken two consecutive reduced weekly rest periods, to the operational centre of that employer or to their place of residence, respectively, in order to begin or spend at least one regular or compensatory weekly rest period there (‘the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054’).

In the third place, the action brought by Hungary also seeks the annulment of point 2 of Article 2 of Regulation 2020/1054, which replaced Article 3(4) of Regulation No 165/2014 with a new paragraph 4 and a new paragraph 4a, which brought forward the date of entry into force of the obligation to install second-generation smart tachographs (‘V2 tachographs’).

In the fourth and last place, the action brought by the Republic of Lithuania also seeks the annulment of Article 3 of Regulation 2020/1054, in so far as that article sets, in its first paragraph, the date of entry into force of that regulation as the twentieth day following that of its publication in the Official Journal of the European Union.

In support of the form of order sought in its action (Case C‑541/20) seeking annulment of point 6(d) of Article 1 of Regulation 2020/1054, the Republic of Lithuania raises four pleas in law, alleging infringement (i) of Article 45 TFEU, (ii) of Article 26 TFEU (first part) and of the general principle of non-discrimination (second part), (iii) of Article 3(3) TEU, Articles 11 and 191 TFEU and of EU environmental and climate change policy and (iv) of the principle of proportionality. In support of the form of order sought in that action for annulment of Article 3 of Regulation 2020/1054, that Member State raises three pleas in law, alleging infringement (i) of the principle of proportionality, (ii) of the obligation to state reasons, laid down in Article 296 TFEU, and (iii) of the principle of sincere cooperation, enshrined in Article 4(3) TEU.

In support of its action (Case C‑543/20) seeking annulment of point 6(c) of Article 1 and point 6(d) of Article 1 of Regulation 2020/1054, the Republic of Bulgaria relies on five pleas in law. The first to third pleas, directed against point 6(d) of Article 1 of that regulation, allege infringement (i) of Article 45 TFEU (first part) and of Article 21(1) TFEU and Article 45(1) of the Charter of Fundamental Rights of the European Union (‘the Charter’) (second part), (ii) of the principle of proportionality, enshrined in Article 5(4) TEU and Article 1 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, annexed to the TEU and to the TFEU (‘the Protocol on the principles of subsidiarity and proportionality), and (iii) of the principle of legal certainty. The fourth plea, directed against point 6(c) of Article 1 of Regulation 2020/1054, alleges infringement of the principle of proportionality, enshrined in Article 5(4) TEU and Article 1 of that protocol. The fifth plea in law, directed against point 6(c) and (d) of Article 1 of that regulation, alleges infringement of the principles of equal treatment and non-discrimination, laid down in Article 18 TFEU and in Articles 20 and 21 of the Charter, of the principle of equality of Member States before the Treaties, laid down in Article 4(2) TEU, and, ‘in so far as the Court considers it necessary’, of Article 95(1) TFEU.

In support of its action (Case C‑546/20) for annulment of point 6(c) of Article 1 and point 6(d) of Article 1 of Regulation 2020/1054, Romania relies on three pleas in law. The first plea, directed against those two provisions, alleges infringement of the principle of proportionality, laid down in Article 5(4) TEU. The second plea, directed against point 6(d) of Article 1 of that regulation, alleges infringement of the freedom of establishment, provided for in Article 49 TFEU. The third plea, divided into two parts, directed against point 6(c) and (d) of Article 1 of that regulation, alleges infringement of the principle of non-discrimination on grounds of nationality, laid down in Article 18 TFEU.

In support of the form of order sought in its action (Case C‑551/20) seeking annulment of point 6(c) of Article 1 of Regulation 2020/1054, Hungary relies on a single plea in law, alleging a manifest error of assessment and infringement of the principle of proportionality. In support of the form of order sought in that action for annulment of point 2 of Article 2 of that regulation, that Member State raises three pleas in law, alleging (i) a manifest error of assessment and infringement of the principle of proportionality, (ii) infringement of the principles of legal certainty and the protection of legitimate expectations and (iii) breach of the obligation to maintain the competitiveness of the European Union economy, laid down in the second paragraph of Article 151 TFEU.

In support of its action (Case C‑553/20) seeking annulment of point 6(d) of Article 1 of Regulation 2020/1054, the Republic of Poland puts forward five pleas in law, alleging (i) infringement of the principle of proportionality, enshrined in Article 5(4) TEU, (ii) infringement of the principle of legal certainty, (iii) infringement of Article 91(2) TFEU, (iv) of Article 94 TFEU and (v) infringement of Article 11 TFEU and of Article 37 of the Charter.

The forms of order sought in the actions for annulment of point 6(d) of Article 1, point 6(c) of Article 1, point 2 of Article 2 and Article 3 of Regulation 2020/1054 must be considered in turn.

Point 6(d) of Article 1 of Regulation 2020/1054

In support of their respective actions for annulment of point 6(d) of Article 1 of Regulation 2020/1054, the Republic of Lithuania (Case C‑541/20), the Republic of Bulgaria (Case C‑543/20), Romania (Case C‑546/20) and the Republic of Poland (Case C‑553/20) allege, as the case may be, infringement, in essence:

–of the principle of proportionality (the first to third parts of the fourth plea of the Republic of Lithuania, second plea of the Republic of Bulgaria, the second part of the first plea of Romania and first plea of the Republic of Poland);

–of the principles of equal treatment and non-discrimination (the second part of the second plea of the Republic of Lithuania, the first part of the fifth plea of the Republic of Bulgaria and the second part of the third plea of Romania);

–of the principle of legal certainty (the fourth part of the fourth plea of the Republic of Lithuania, the third plea of the Republic of Bulgaria and the second plea of the Republic of Poland);

–of the free movement of EU citizens, laid down in Article 21(1) TFEU and Article 45 of the Charter (the second part of the first plea of the Republic of Bulgaria);

–of the functioning of the internal market, laid down in Article 26 TFEU (the first part of the second plea of the Republic of Lithuania);

–of the freedom of movement for workers, laid down in Article 45 TFEU (the first plea of the Republic of Lithuania and the first part of the first plea of the Republic of Bulgaria);

–of the freedom of establishment, laid down in Article 49 TFEU (the second plea of Romania);

–of the rules of EU law on the common transport policy laid down in Article 91(2) TFEU (the second part of the first plea of Romania, alleging infringement of the principle of proportionality, and third plea of the Republic of Poland) and Article 94 TFEU (the second part of the first plea of Romania, alleging infringement of the principle of proportionality, and the fourth plea of the Republic of Poland), and

–of the rules of EU law on environmental protection (the third plea of the Republic of Lithuania and fifth plea of the Republic of Poland).

(a) Admissibility

(1) Arguments of the parties

In Case C‑543/20, the Council expresses doubts as to the admissibility of the form of order sought in the Republic of Bulgaria’s action for annulment of point 6(d) of Article 1 of Regulation 2020/1054, since the purpose of that form of order is not to call into question the validity of that provision but to obtain clarification of its interpretation.

The Council recalls in this regard that a provision of secondary EU legislation must be interpreted, as far as possible, in a manner consistent with the provisions of the Treaties. It notes that, in the present case, according to the Republic of Bulgaria, point 6(d) of Article 1 of Regulation 2020/1054 could be interpreted in conformity with EU law, with the result, if that were the case, that the Court would not have to examine the pleas relied on in support of the form of order sought by it. Therefore, either the interpretation favoured by that Member State is correct, in which case it would not call into question the validity of that provision, or that interpretation is erroneous because there is another interpretation in conformity with the Treaties, in which case all the pleas relied on would have to be rejected as unfounded.

It would not be acceptable for a Member State to use its privileged position under Article 263 TFEU to challenge the legality of legislative acts of EU law for the sole purpose of seeking to clarify their meaning by submitting different interpretations to the Court and requesting it to disregard some of them. Like Article 267 TFEU, Article 263 TFEU cannot be used to refer hypothetical questions to the Court.

The Republic of Bulgaria considers that the form of order sought in its action for annulment of point 6(d) of Article 1 of Regulation 2020/1054 is admissible.

(2) Findings of the Court

It is apparent from a combined reading of Articles 263 and 264 TFEU that an action brought on the basis of the first of those provisions seeking the annulment of one of the acts mentioned in the first paragraph of that article must seek the annulment of that act. It follows that an action whose form of order seeks from the Court an interpretation of such an act has no basis in Article 263 TFEU and must be dismissed as inadmissible.

Nevertheless, where a party seeks, on the basis of Article 263 TFEU, the annulment of an EU act and states in its application, as required by the first paragraph of Article 21 of the Statute of the Court of Justice of the European Union and Article 120(c) of the Rules of Procedure, the pleas and arguments relied on in support of its application and a summary of those pleas, the Court must necessarily, and independently of any application to that effect by the applicant, verify the merits of the interpretation of the contested measure that is the premiss of those pleas and arguments. If the Court were to adopt a different interpretation of that measure, that may be sufficient to justify the rejection of the latter as unfounded.

In the present case, the application lodged by the Republic of Bulgaria in Case C‑543/20 sets out clearly and precisely the pleas in law and arguments relied on in support of the form of order sought in its action for annulment of point 6(d) of Article 1 of Regulation 2020/1054 and a summary of those pleas. It is thus apparent from that application that the purpose of the action brought in that case is to challenge the legality of that provision under Article 263 TFEU with due regard to the requirements laid down in the first paragraph of Article 21 of the Statute of the Court of Justice of the European Union and in Article 120(c) of the Rules of Procedure.

Furthermore, it is apparent from a reading of that application that the pleas and arguments relied on by the Republic of Bulgaria start from the premiss that point 6(d) of Article 1 of Regulation 2020/1054 must be interpreted as meaning that that provision requires drivers, in order to take their regular or compensatory weekly rest period, to return, as the case may be, every three or four weeks, either to the operational centre of the employer or to their place of residence, without providing for the possibility for drivers to choose for themselves the place where they wish to spend that rest period.

The examination of those pleas and arguments therefore requires the Court to determine whether the interpretation of point 6(d) of Article 1 of Regulation 2020/1054, referred to in the preceding paragraph, which constitutes the premiss thereof, is correct.

Admittedly, the Republic of Bulgaria itself acknowledges, in a preliminary part of its application, first, that it is also possible to interpret that provision as meaning that it does not impose such an obligation on drivers to return to one of the two places specified therein, those drivers then remaining free to choose to take their regular or compensatory weekly rest period at the place where they so wish and, secondly, that, if the Court were to adopt such an interpretation, there would be no need to examine the pleas in law and arguments relied on in support of its action, alleging infringement of the fundamental freedoms of movement for EU workers and citizens, and of the principles of proportionality, equal treatment and non-discrimination. However, such a circumstance does not justify dismissing that action as inadmissible. In any event, the Court is obliged to determine whether the interpretation of that provision, which constitutes the premiss of those pleas and arguments, is well founded.

The plea of inadmissibility raised by the Council against the form of order sought in the action brought by the Republic of Bulgaria seeking annulment of point 6(d) of Article 1 of Regulation 2020/1054 must therefore be rejected.

Substance

It is apparent from the arguments put forward by the Republic of Lithuania, the Republic of Bulgaria, Romania and the Republic of Poland in support of their respective actions for annulment of point 6(d) of Article 1 of Regulation 2020/1054 that the pleas relied on by those Member States, alleging infringement of the principle of proportionality, the principles of equal treatment and non-discrimination, the fundamental freedoms guaranteed by the FEU Treaty and the provisions of the FEU Treaty relating to environmental protection, are based on the premiss that that provision must be interpreted in the sense indicated in paragraph 141 above, namely as requiring drivers to return, as the case may be, every three or four weeks, to their employer’s operational centre or to their place of residence, thereby depriving them of the possibility of choosing for themselves the place where they wish to spend their regular or compensatory weekly rest period.

Since the Republic of Lithuania, the Republic of Bulgaria and the Republic of Poland complain, in that regard, that the EU legislature infringed the principle of legal certainty, on the ground that point 6(d) of Article 1 of Regulation 2020/1054 lacks sufficient clarity, it is therefore appropriate to examine, in the first place, the pleas and arguments alleging infringement of that principle.

Infringement of the principle of legal certainty

Arguments of the parties

The Republic of Lithuania, in the context of its fourth plea in law, alleging infringement of the principle of proportionality, set out in its fourth part, the Republic of Bulgaria, by its third plea, and the Republic of Poland, by its second plea, claim that point 6(d) of Article 1 of Regulation 2020/1054 does not comply with the requirements stemming from the principle of legal certainty on account of the lack of clarity as to its precise scope.

The principle of legal certainty requires that rules of law be clear, precise and predictable in their effect, so that interested parties can ascertain their position in situations and legal relationships governed by EU law. While it may be permissible for legislation to be vague, to contain abstract terms or to confer a margin of discretion, that would nevertheless be on condition that it does not lead to arbitrariness and that it can be clarified by case-law, which is not the case here.

In the first place, the Republic of Bulgaria and the Republic of Poland submit that the very nature of the obligations incumbent on drivers or transport undertakings is not clearly defined. The wording of point 6(d) of Article 1 of Regulation 2020/1054 leaves considerable doubt as to whether drivers may choose to take their weekly rest period at a place other than the two places indicated in that provision, whether compliance with the obligation arising from that provision is incumbent on drivers or on transport undertakings and, in the latter case, whether those undertakings are only required to grant the driver free time and to provide him or her with a mode of transport so that he or she can take his or her rest period at one of the two places indicated or whether it is also for them to ensure that the driver actually goes to one of those places, which is what recital 14 of that regulation would suggest, which refers to the fulfilment by the transport undertaking of its obligations ‘regarding the organisation of the regular return’.

The Republic of Lithuania and the Republic of Bulgaria take the view that the only interpretation of point 6(d) of Article 1 of Regulation 2020/1054 which is consistent with the fundamental freedoms of drivers and the objective of improving working conditions is to consider that that provision does not require the driver to return to his or her place of residence or to the Member State of establishment of his or her employer, but that the transport undertaking must organise the driver’s work in such a way as not to compromise the latter’s freedom to choose to take his or her regular or compensatory weekly rest period at the place where he or she wishes to do so. According to the Republic of Bulgaria, however, even if that provision has such a scope, the employer should be bound by such an obligation only if the driver expresses a wish to return to one of those two places.

In the second place, the Republic of Lithuania and the Republic of Poland consider that it is very difficult to determine how the transport undertaking must actually fulfil the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054. The Republic of Lithuania submits, in that regard, that the EU legislature has not specified how that obligation is to be complied with in practice. Thus, neither the rules applicable to the driver’s return, such as the costs and proof of that return, nor those applicable to a refusal to return and the consequences of such a refusal in terms of penalties for the employer and, where appropriate, for the worker are specified. Likewise, the expression ‘place of residence’ of the driver is not clearly defined. In particular, it is not clear whether a driver from a third country must return to that country or to the temporary place of residence in the Member State concerned and, more generally, it is uncertain whether that expression refers to the Member State concerned or to a specific address of the place of residence. All of those uncertainties make a uniform application of Regulation 2020/1054 impossible. The Republic of Poland submits that that regulation does not make it possible to identify the way in which the transport undertaking must oblige the driver to make use of the return option it offers. Similarly, it is unclear which vehicle must be used for that purpose. Point 6(d) of Article 1 of that regulation could thus impose obligations on transport undertakings that they are wholly unable to fulfil without infringing the fundamental right of workers to individual freedom.

In the third place, the Republic of Poland claims that the question whether return to the place of residence must not be preceded by a return to the employer’s operational centre also raises important doubts. In the light of the wording of point 6(d) of Article 1 of Regulation 2020/1054, it is not clear whether, by allowing drivers to return directly to their place of residence, a transport undertaking would fulfil its obligation to guarantee a rest period, since drivers ‘begin their weekly rest period’ at the employer’s operational centre. That lack of precision could prompt transport undertakings to provide drivers with a means of transport to the employer’s operational centre, and only then to their place of residence, which, for drivers residing far from that operational centre, would result in a lower quality of rest.

In the fourth place, the Republic of Poland considers that it is not clear whether the tachograph, the records of which constitute the evidence required by the third subparagraph of Article 8(8a) of Regulation No 561/2006, as inserted into that regulation by point 6(d) of Article 1 of Regulation 2020/1054, is that of the vehicle by means of which the driver returns to the employer’s operational centre or to his or her place of residence or that of the vehicle generally used by the driver. In accordance with Article 33(2) of Regulation No 165/2014, data recorded by means of tachographs should be kept for at least one year. However, under recital 14 of Regulation 2020/1054, the transport undertaking could also use other documents to demonstrate compliance with the obligation laid down in point 6(d) of Article 1 of that regulation, without, however, Article 8(8a) of Regulation No 561/2006 specifying the period for which those documents are to be kept.

While it is true that Member States may, under certain conditions, adopt measures implementing EU law, regulations should nevertheless determine with sufficient precision the content of those national measures. That is not the case with the provisions of point 6(d) of Article 1 of Regulation 2020/1054, which grant the competent national authorities too broad a margin of discretion or allow an excessively wide range of heterogeneous national solutions. However, that regulation is specifically intended to increase legal certainty as regards the obligations incumbent on transport undertakings. Those obligations should therefore be defined exhaustively and indisputably in a directly applicable EU act in order to ensure the uniform application of EU law in the internal market. The clarifications made to the provisions of that regulation by the various Member States would, on the contrary, lead to divergent applications within those Member States, thereby increasing legal uncertainty.

In the fifth place, the Republic of Bulgaria considers that the legal uncertainty to which point 6(d) of Article 1 of Regulation 2020/1054 gives rise is demonstrated by the contradictory interpretations which emerge both from the statement of reasons submitted by the Council at first reading during the legislative procedure and from the explanations provided by the Parliament during that procedure concerning an amendment that was ultimately not adopted. It is also confirmed by the statements made by the Commission in response to requests for clarification from representatives of the transport sector and in the ‘Questions and Answers’ documents relating, in particular, to Regulation 2020/1054 (‘Mobility Package I – Social rules, Driving and rest times, Questions and Answers, Parts 1 and 2’, 25 November 2020 and 21 April 2021), which contain guidelines that are not, in any event, binding.

In the sixth place, the Republic of Bulgaria states that, in the absence of legal certainty, it cannot be ruled out that point 6(d) of Article 1 of Regulation 2020/1054 may be interpreted by local authorities or EU citizens as requiring drivers to return every three or four weeks to their place of residence or to the Member State in which their employer is established. Thus, it is apparent from a report by the Belgian police that a fine was imposed on a transport undertaking on the sole ground that the driver who was checked had not returned after 13 weeks, without any assessment having been made as to the place where that driver had chosen to take his regular or compensatory weekly rest period, even though the driver had the opportunity to return to his place of residence or to the Member State in which his employer is established.

The Parliament and the Council contend that those pleas and arguments are unfounded.

(ii) Findings of the Court

It follows from the settled case-law of the Court that the principle of legal certainty requires, on the one hand, that the rules of law be clear and precise and, on the other, that their application be foreseeable for those subject to the law, in particular, where they may have adverse consequences. That principle requires, inter alia, that legislation must enable those concerned to know precisely the extent of the obligations imposed on them, and those persons must be able to ascertain unequivocally their rights and obligations and take steps accordingly (judgment of 16 February 2022, Hungary v Parliament and Council, C‑156/21, EU:C:2022:97, paragraph 223 and the case-law cited).

However, those requirements cannot be interpreted as precluding the EU legislature from having recourse, in a norm that it adopts, to an abstract legal notion, nor as requiring that such an abstract norm refer to the various specific hypotheses in which it applies, given that all those hypotheses could not be determined in advance by the legislature (judgment of 16 February 2022, Hungary v Parliament and Council, C‑156/21, EU:C:2022:97, paragraph 224 and the case-law cited).

Thus, it is not necessary for a legislative act itself to provide details of a technical nature, since it is open to the EU legislature to have recourse to a general legal framework which is, if necessary, to be made more precise at a later date (judgment of 30 January 2019, Planta Tabak, C‑220/17, EU:C:2019:76, paragraph 32 and the case-law cited).

Consequently, the fact that a law confers a discretion on the authorities responsible for implementing it is not in itself inconsistent with the requirement of foreseeability, provided that the scope of the discretion and the manner of its exercise are indicated with sufficient precision, having regard to the legitimate aim pursued, to give adequate protection against arbitrary interference (judgment of 16 February 2022, Hungary v Parliament and Council, C‑156/21, EU:C:2022:97, paragraph 225 and the case-law cited).

Similarly, the principle of legal certainty does not include an obligation to maintain the legal order unchanged over time, since the EU legislature remains free, within the limits of its discretion, to alter the existing legislative situation (see, to that effect, judgment of 3 June 2021, Jumbocarry Trading, C‑39/20, EU:C:2021:435, paragraph 50).

It is in the light of those considerations that the compatibility of point 6(d) of Article 1 of Regulation 2020/1054 with the principle of legal certainty must be assessed.

In that regard, it should be recalled that that provision inserts in Article 8 of Regulation No 561/2006 a paragraph 8a, which comprises three subparagraphs.

According to the first subparagraph, transport undertakings are to organise the work of drivers in such a way that drivers are able, during each period of four consecutive weeks, to return to the employer’s operational centre or to the driver’s place of residence in order, respectively, to begin or spend their regular or compensatory weekly rest period there, as the case may be.

The second subparagraph provides that, where a driver has taken two consecutive reduced weekly rest periods, in accordance with Article 8(6) of Regulation 561/2006, as amended by point 6(a) of Article 1 of Regulation 2020/1054, the transport undertaking is to organise the work of the driver in such a way that the driver is able to return during the third week in order to take his or her regular or compensatory weekly rest period.

Finally, under the terms of the third paragraph, the transport undertaking is to document how it fulfils that obligation and is to keep the documentation at its premises in order to present it at the request of control authorities.

As regards, in the first place, the argument of the Republic of Lithuania, the Republic of Bulgaria and the Republic of Poland that Article 8(8a) of Regulation No 561/2006, as inserted by point 6(d) of Article 1 of Regulation 2020/1054, does not make it possible to understand, first, whether the obligation laid down in that provision is imposed on drivers or transport undertakings and, secondly, whether drivers are free to choose a location different from the employer’s operational centre or their place of residence, in order to begin or spend their regular or compensatory weekly rest period, it should be noted that, as is clear from the wording of Article 8(8a), in particular from the words ‘transport undertakings shall organise’ in its first two subparagraphs, and ‘the undertaking shall document how it fulfils that obligation’ in its third subparagraph, the provisions of Article 8(8a) are addressed not to drivers but to transport undertakings, by imposing on those transport undertakings an obligation to organise the work of drivers so that they, as is clear from the words ‘are able’ used in the first two subparagraphs, have the opportunity, as the case may be, every three or four weeks, to return either to the employer’s operational centre or to their place of residence in order, respectively, to begin or spend their regular or compensatory weekly rest period there.

As the Advocate General observed in point 126 of his Opinion, point 6(d) of Article 1 of Regulation 2020/1054 thus imposes on transport undertakings an obligation to organise the work of drivers, in the sense that those undertakings must, in their capacity as employer, make possible, using all the means at their disposal in the context of the employment relationship established with their drivers, the return of those drivers during their working time to one of the two places specified in that provision, namely the employer’s operational centre or the driver’s place of residence, that obligation being, moreover, limited to one of those two places only and therefore not extending to other places.

The obligation referred to in the preceding paragraph is, however, without prejudice to the driver’s freedom to choose to take his or her regular or compensatory weekly rest period at the place where he or she wishes to do so.

Point 6(d) of Article 1 of Regulation 2020/1054 does not impose any obligation on drivers as regards the place where their regular or compensatory weekly rest period is taken. In particular, although, as recital 8 of Regulation 2020/1055 confirms, that provision guarantees drivers the ‘right’ to return to one of the two specific places referred to therein in order to begin or spend that rest period, it does not impose any obligation on them in that regard. It does not therefore provide that drivers are required, in all circumstances, to return to the employer’s operational centre or to their place of residence, leaving them free to choose to take their regular or compensatory weekly rest period at the place where they so wish.

The scope to be attributed to the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 is, moreover, confirmed by recital 14 of that regulation, which states that, in order to prevent drivers from remaining away from their place of residence for an excessively long period, transport undertakings must organise drivers’ work in such a way as to ‘enable’ them to reach the employer’s operational centre or their place of residence, as the case may be, every three or four weeks, while expressly stating that drivers are ‘free to choose where to spend their rest period’.

It thus follows that, although point 6(d) of Article 1 of Regulation 2020/1054 preserves the freedom of drivers as to the choice of the place where they wish to begin or take their regular or compensatory weekly rest period, the EU legislature has primarily, and more fundamentally, ensured that no pressure is exerted on drivers to ostensibly choose not to return to their employer’s operational centre or to their place of residence. In that regard, the Impact assessment – social section (Part 1/2, p. 49) noted the difficulty for drivers to prove the free nature of their choice when deciding to take their rest periods in the vehicle.

[As rectified by order of 19 December 2024] It must be borne in mind that, since the worker must be regarded as the weaker party in the employment relationship, it is necessary to prevent the employer from being in a position to impose on him or her a restriction of his or her rights or from dissuading the worker from explicitly claiming his or her rights vis-à-vis his or her employer (see, to that effect, judgment of 14 May 2019, CCOO, C‑55/18, EU:C:2019:402.

paragraphs 44 and 45 and the case-law cited).

175Thus, point 6(d) of Article 1 of Regulation 2020/1054 cannot be interpreted, contrary to what is suggested by the Republic of Bulgaria, as allowing an employer to exempt itself from the obligation to organise the work of its drivers in order to make it possible for them to return on the ground that they have waived, in advance and in general, the right conferred on them by that provision to take their regular or compensatory weekly rest period at the place where they so wish.

176As the Council has rightly pointed out, point 6(d) of Article 1 of Regulation 2020/1054 thus supplements Article 9(2) and (3) of Regulation No 561/2006, the content of which has not, in essence, been amended by point 8(b) of Article 1 of Regulation 2020/1054, and from which it follows that, where the driver leaves the vehicle at a place other than his or her place of residence or the employer’s operational centre, the time spent travelling to and from the vehicle is not, in principle, regarded as forming part of the rest period. In that context, point 6(d) of Article 1 of Regulation 2020/1054 thus now guarantees drivers the right, underlying Article 9(2) and (3) of Regulation No 561/2006, to go to one of those two places to begin or spend their regular or compensatory weekly rest period there. As the time required for that return is not rest time but working time, it is the employer’s responsibility to cover any costs associated with that return.

177It follows that point 6(d) of Article 1 of Regulation 2020/1054 requires transport undertakings to organise the work of their drivers in such a way as to enable them to return, as the case may be, every three or four weeks, to the operational centre of the undertaking or to their place of residence in order to begin or spend their regular or compensatory weekly rest period there.

178In order not to impair the effectiveness of the driver’s right to return to one of the places referred to in the preceding paragraph, that provision also imposes, in principle, an obligation on the transport undertaking to organise at its own expense the return of that driver, unless the driver chooses not to return there, in order to begin or spend his or her regular or compensatory weekly rest period. Therefore, a transport undertaking is not required to take the necessary steps to organise the return of a particular driver if he or she has informed that undertaking that he or she does not to wish to return to one of those places.

179Nor, therefore, contrary to what the Republic of Poland suggests, does point 6(d) of Article 1 of Regulation 2020/1054 require transport undertakings to compel drivers actually to take their regular or compensatory weekly rest period at their own place of residence, since an employer cannot impose the place where its worker is going to take that rest period or, a fortiori, control the activities carried out by a driver when he or she is not working.

180It also follows that, contrary to what is suggested by the Republic of Lithuania, no penalty can be imposed either on the driver, if he or she refuses to take his or her regular or compensatory weekly rest period at his or her place of residence, or on the transport undertaking, where the driver does not return to one of the places specified in that provision, provided that that undertaking is able to establish that the driver has freely chosen not to make use of the possibility of return which it intended to organise.

181As regards, in the second place, the arguments put forward by the Republic of Lithuania and the Republic of Poland, alleging the absence of detail, in Regulation 2020/1054, concerning the practical implementation of the obligation laid down in point 6(d) of Article 1 of that regulation, in order to enable drivers to return, in particular the organisation of any such return by transport undertakings, it should be noted that, in accordance with the case-law referred to in paragraph 159 above, the principle of legal certainty does not preclude the EU legislature from having recourse, in a norm that it adopts, to an abstract legal concept and does not require such an abstract norm to refer to the various specific hypotheses in which it is capable of applying, in so far as all those hypotheses cannot be determined in advance by that legislature.

182Observance of the principle of legal certainty does not therefore require the EU legislature either to define all the specific arrangements for implementing the provisions of a legislative act or to consider all the specific situations to which those provisions may apply, since that legislature is entitled, as is apparent from the case-law referred to in paragraph 160 of the present judgment, to have recourse, in the interests of flexibility and in order to act in compliance with the principle of proportionality, to a general legal framework which may be specified at a later stage.

183The EU legislature cannot therefore be criticised for not having specified, in a provision of general application such as point 6(d) of Article 1 of Regulation 2020/1054, all the practical arrangements for the organisation of work as regards the possible return of drivers, in particular those concerning the means of transport that they may use to carry out that return. Such clarification would have undermined the flexibility that the EU legislature intended to allow transport undertakings, in their capacity as employers, to decide themselves, in the context of the employment relationship entered into with their drivers, the specific arrangements for the exercise of the corresponding rights conferred on those drivers, according to each particular situation. If that requirement of flexibility is not to be disregarded, the EU legislature cannot be criticised for not having explained, in such a provision of general application, the manner in which transport undertakings must reconcile the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 with respect for drivers’ freedom to choose where they wish to take their regular or compensatory weekly rest periods, such rules being dependent on each individual case.

184Similarly, the argument of the Republic of Lithuania that the expression ‘place of residence’ is not clearly defined must be rejected. Having regard to the usual meaning of those words and to the settled case-law of the Court, according to which the place of residence corresponds to the place where the habitual centre of interests of the person concerned is situated (see, to that effect, judgments of 11 November 2004, Adanez-Vega, C‑372/02, EU:C:2004:705, paragraph 37, and of 11 September 2014, B., C‑394/13, EU:C:2014:2199, paragraph 26 and the case-law cited), it must be held that that concept refers, clearly and precisely, to a specific place and not to the territory of a Member State as a whole, as envisaged by the Republic of Lithuania.

185Nor, as regards the specific situation of third-country drivers, can it be argued that the fact that point 6(d) of Article 1 of Regulation 2020/1054 does not explicitly regulate that situation entails an infringement of the principle of legal certainty, since, according to that provision, transport undertakings must make it possible for such drivers to return during their working time either to their place of residence, as the case may be, located in a third country, or to the employer’s operational centre, located in the territory of the European Union.

186As regards, in the third place, the more specific argument put forward by the Republic of Poland in that context, according to which point 6(d) of Article 1 of Regulation 2020/1054 appears to impose on transport undertakings the obligation to ensure that drivers will be able to return first to the employer’s operational centre before then being able to return to their own place of residence, thus depriving them of the possibility of returning directly to that place, it cannot be accepted. It is apparent from the very wording of that provision, read in the light of recital 14 of that regulation, that drivers must be able to return to the first ‘or’ to the second of those two specific places in order to begin or spend their regular or compensatory weekly rest period there. The alleged practical complications involved in requiring a driver first to return to the employer’s operational centre before being able to return to his or her place of residence are therefore the result of a misreading of that provision by that Member State.

187Furthermore, while it is true that point 6(d) of Article 1 of Regulation 2020/1054 does not require drivers to return first to the operational centre of the employer, before returning, in accordance with their wishes, to their place of residence, it does not prohibit a transport undertaking, in its capacity as employer, from requiring the drivers it employs, provided that that obligation is imposed during working time, to return first to that operational centre, since such an obligation relates to working time governed by the law applicable to the employment relationship between that undertaking and its drivers.

188Furthermore, any such obligation to return first to the employer’s operational centre does not in any way deprive the drivers concerned of the right to choose the place where they wish to take their regular or compensatory weekly rest periods, after having, where appropriate, complied with the instructions of their employer to return to that operational centre and having thus fulfilled an obligation incumbent on them under the employment relationship established with the latter.

189As regards, in the fourth place, the Republic of Poland’s argument that the third subparagraph of Article 8(8a) of Regulation No 561/2006, inserted into the latter by point 6(d) of Article 1 of Regulation 2020/1054, lacks clarity as regards the manner in which transport undertakings must document compliance with the obligation laid down in that provision, it should be noted that, according to recital 14 of that regulation, that evidential obligation may be fulfilled both by means of tachograph records and by means of drivers’ duty rosters or by any other document.

190It follows that, as the Advocate General observed in point 140 of his Opinion, the EU legislature intended to offer transport undertakings a certain flexibility by giving them the opportunity to prove, by using any relevant documentation for that purpose, both compliance with the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 and the manner in which that obligation has, where appropriate, been reconciled, in a given case, with the driver’s decision to take his or her regular or compensatory weekly rest period elsewhere than at his or her place of residence. Such flexibility is, moreover, consistent with that offered by the EU legislature to transport undertakings as regards the actual organisation of the driver’s return.

191In that regard, the fact that the third subparagraph of Article 8(8a) of Regulation No 561/2006, inserted into that regulation by point 6(d) of Article 1 of Regulation 2020/1054, does not identify more precisely how, and in particular by means of which documents, transport undertakings can demonstrate that they fulfil the obligation laid down in that provision, does not mean that that provision infringes the principle of legal certainty.

192First of all, the requirements stemming from the principle of legal certainty cannot be understood, as is apparent from the case-law referred to in paragraph 159 above, as requiring a rule to mention the various specific hypotheses in which it may apply, in so far as not all those situations can be determined in advance by the EU legislature. Therefore, a provision such as that laid down in the third subparagraph of Article 8(8a) of Regulation No 561/2006, inserted by point 6(d) of Article 1 of Regulation 2020/1054, which applies to a multitude of different situations, must neither specify nor govern in detail all the situations to which it is intended to apply.

193Next, it should be borne in mind that, as regards tachograph records, which recital 14 of Regulation 2020/1054 states may constitute relevant evidence, Regulation No 165/2014, as amended by Article 2 of Regulation 2020/1054, itself contains a set of specific provisions intended to ensure compliance with the provisions of Regulation No 561/2006, the Commission being responsible, under point 8(a) of Article 2 of Regulation 2020/1054, for adopting detailed provisions for the uniform application of the obligation to record and retain certain data relating to working time.

194Furthermore, in so far as it proves necessary to further specify certain practical arrangements for the implementation, by transport undertakings, of their obligations under point 6(d) of Article 1 of Regulation 2020/1054, such as those relating to proof of compliance with that provision, it should be noted that Article 18 of Regulation No 561/2006, which was not amended by Regulation 2020/1054, expressly authorises the Member States, in accordance with Article 291(1) TFEU, to adopt the measures necessary for the application of Regulation No 561/2006. It is settled case-law that Member States may adopt rules for the application of a regulation provided that they do not thereby obstruct its direct applicability or conceal its nature as an act of EU law; that they specify that they are acting in the exercise of a discretion conferred on them under that regulation; and that they adhere to the parameters laid down thereunder (judgment of 12 April 2018, Commission v Denmark, C‑541/16, EU:C:2018:251, paragraph 28 and the case-law cited).

195Lastly, in the absence of specific rules at EU or national level relating to the manner in which transport undertakings must demonstrate that they fulfil their obligation under point 6(d) of Article 1 of Regulation 2020/1054, it is for those undertakings themselves, in their capacity as employers, to choose, within the framework of the flexibility offered by the EU legislature, a reliable and effective method, using all the means at their disposal in the context of the employment relationship with their drivers, capable of ensuring compliance with the requirement of proof relating to that obligation (see, by analogy, judgment of 30 January 2019, Planta Tabak, C‑220/17, EU:C:2019:76, paragraph 33 and the case-law cited).

196As regards, in the fifth place, the argument put forward by the Republic of Bulgaria, based on certain indications from the legislative procedure, it is sufficient to note that neither the explanations provided by the Parliament concerning amendments rejected during that procedure nor those set out during that procedure by the Council in its explanatory memorandum on the proposal for a working time regulation, which constitute intermediate acts adopted by the EU institutions in order to prepare for the adoption of a legislative act without definitively laying down their position, can affect the interpretation of point 6(d) of Article 1 of Regulation 2020/1054, as is apparent from the wording of the final version of that provision adopted by the EU legislature. It follows that such documents cannot give rise to legal uncertainty.

197The same applies to statements made by the Commission after the adoption of Regulation 2020/1054, such as those contained in the ‘Questions and Answers’ documents relating to that regulation, referred to in paragraph 155 above, since those documents, which are not, moreover, unusual, have no binding legal force (see, by analogy, judgment of 12 April 2018, Commission v Denmark, C‑541/16, EU:C:2018:251, paragraph 28 and the case-law cited).

paragraph 47). Those statements cannot therefore demonstrate that point 6(d) of Article 1 of that regulation infringes the principle of legal certainty.

198Finally, in the sixth place, the fact alleged by the Republic of Bulgaria that a fine was imposed by the Belgian police on the sole ground that the driver who was checked had not returned home after 13 weeks, without any assessment having been made as to where he had chosen to take his regular or compensatory weekly rest period, even though that driver had the opportunity to return to his place of residence or to the Member State in which his employer is established, cannot, even if it were established, prove that point 6(d) of Article 1 of Regulation 2020/1054 infringes the principle of legal certainty. Such an infringement cannot reasonably be inferred from the manner in which the national authorities applied that provision in a particular case.

199Consequently, the fourth part of the fourth plea in law relied on by the Republic of Lithuania, the third plea in law relied on by the Republic of Bulgaria and the second plea in law relied on by the Republic of Poland must be rejected as unfounded.

200It follows that the other pleas and arguments put forward by the Republic of Lithuania, the Republic of Bulgaria, Romania and the Republic of Poland in support of their claims for annulment of point 6(d) of Article 1 of Regulation 2020/1054 must, as the first two Member States themselves expressly acknowledged in their action and at the hearing, be rejected in so far as they are based on the incorrect premiss that that provision requires drivers to return to their employer’s operational centre or to their place of residence, as the case may be, every three or four weeks, without allowing them to choose for themselves where they wish to take their regular or compensatory weekly rest periods.

(2) The infringement of the principle of proportionality

(i) Arguments of the parties

201The Republic of Lithuania, by its fourth plea in law in the first to third parts, the Republic of Bulgaria, by its second plea in law, Romania, by its first plea in law in the second part, and the Republic of Poland, by its first plea in law, submit that point 6(d) of Article 1 of Regulation 2020/1054 does not comply with the requirements arising from the principle of proportionality.

202In the first place, those four Member States dispute the proportionality as such of the obligation laid down in that provision.

203First, according to the Republic of Bulgaria, Romania and the Republic of Poland, that obligation does not comply with the principle of proportionality because of its negative consequences for transport undertakings, in particular as regards the considerable financial costs generated for them.

204On the one hand, that obligation gives rise to operating costs associated with organising the driver’s return to the Member State of establishment, and also losses in revenue connected with the time spent in relation to that return, during which the drivers, travelling in empty vehicles, carry out no profitable activity, which limits commercial activity and reduces revenues. On the other hand, the requirement imposed on transport undertakings by the third subparagraph of Article 8(8a) of Regulation No 561/2006, as inserted by point 6(d) of Article 1 of Regulation 2020/1054, to document the manner in which they fulfil the obligation laid down in that provision also gives rise to significant additional burdens.

205Transport undertakings are for the most part SMEs, for which all of those burdens are particularly heavy. In that regard, the EESC stressed the need to limit those burdens and, likewise, the CoR indicated that Member States on the periphery of the EU face greater difficulties in attempting to reach the core of the internal market. In addition, the provision at issue was adopted in a period of economic crisis triggered by the COVID-19 pandemic, which amplifies its negative effects.

206Secondly, the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 does not comply with the principle of proportionality because of its negative consequences for drivers.

207First of all, according to the Republic of Lithuania and the Republic of Bulgaria, that obligation infringes that principle in that, by restricting the right of drivers to choose for themselves where they intend to spend their rest periods and thereby affecting their freedom of movement, it constitutes a manifestly inappropriate measure going beyond what is necessary to achieve the objective of improving workers’ rest conditions. In that context, the Republic of Poland maintains that that obligation is thus contrary to Article 4(f) of Regulation No 561/2006, according to which the concept of ‘rest’ includes any uninterrupted period during which a driver may freely dispose of his or her time. That Member State also submits that the EU legislature arbitrarily determined, in point 6(d) of Article 1 of Regulation 2020/1054, the places where drivers are required to take their rest.

208Next, the Republic of Lithuania, Romania, the Republic of Bulgaria and the Republic of Poland claim that the higher number of journeys brought about by the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 will cause additional fatigue for them, in particular for those required to return to Member States located on the periphery of the European Union. The imbalance for those drivers created by that obligation affects their health and their capacity for work, having regard to the exhaustion caused by the intensive pace of returns. That situation also has negative consequences for road safety. Thus, the measure at issue is not appropriate for attaining the objective pursued by that regulation, consisting of improving the working conditions of drivers in the European Union as well road safety.

209Finally, Romania claims that, although one of the objectives of Regulation 2020/1054 is, as is apparent from recital 1, to attract qualified workers in the field of road transport, the forced relocation of transport undertakings that will give rise to costs associated with that new obligation will expose a significant number of drivers to the risk of losing their jobs or having to move to another Member State in order to be able to continue to exercise the activity for which they are qualified. Thus, according to the information available to Romania, more than 45% of transport undertakings established in that Member State envisage setting up companies and subsidiaries, or relocating their activities in other Member States of Western Europe in order to attenuate the negative effects of the measures making up the Mobility Package. Those negative effects are felt in a sector of critical importance for the national economy, as services consisting in the carriage of goods by road are among the sectors that generate the most important exports for Romania and make a significant contribution to the national trade balance.

210Thirdly, according to the Republic of Bulgaria, Romania and the Republic of Poland, the obligation laid down in point 6(c) and (d) of Article 1 of Regulation 2020/1054 does not comply with the principle of proportionality because of its negative consequences on the environment. That obligation means planning additional trips for the departure and return of thousands of drivers per day. In particular, drivers who come from Member States located on the periphery of the European Union are objectively required to travel over very long distances, much greater than those covered by their counterparts in Central and Western Europe, where most transport within the European Union takes place. In addition, the returns in all likelihood take place with a reduced load or even unladen, thus forcing thousands of vehicles to travel empty. That significant increase in the number of journeys entails an increase in carbon dioxide (CO₂) emissions and has a significant impact on the environment.

211Fourthly, the Republic of Bulgaria, Romania and the Republic of Poland claim that less onerous solutions for drivers and transport undertakings existed. The freedom of drivers could have been preserved by imposing an obligation on transport undertakings to organise return only in cases in which drivers wish to return. Thus, transport undertakings should not have to bear excessive additional costs. That solution guarantees greater flexibility and, accordingly, an appropriate protection of drivers’ rights. Moreover, the Republic of Poland points out that a measure to that effect had been proposed by the Parliament’s Committee on Employment and Social Affairs during the legislative procedure.

212In the second place, Romania and the Republic of Poland dispute the examination carried out by the EU legislature of the proportionality of the measure laid down in point 6(d) of Article 1 of Regulation 2020/1054 and, in particular, complain of the lack of an impact assessment, in breach of the Interinstitutional Agreement, in particular points 12 to 15 thereof, relating to the final version of that provision. The EU legislature thus failed to analyse a number of circumstances relevant to the situation which that provision seeks to govern.

213First, the Republic of Poland claims that the EU legislature did not assess whether compliance with the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 would contribute to an increase in traffic. However, in practice, and since that obligation is fulfilled by means of road transport, compliance with that obligation would give rise to 8880000 return trips over a year. Nor did the EU legislature take into account the considerable distances that drivers employed in Member States that are situated in the periphery of the European Union will have to cover for the purpose of complying with that obligation.

214Secondly, the Republic of Poland claims that the EU legislature did not carry out an appropriate assessment of the impact of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 on driver safety. It maintains that that legislature ignored an opinion of the EESC relating to the proposed working time regulation in which that committee had regretted the fact that the proposed amendments were not accompanied by a detailed assessment of driver, passenger or road safety in relation to driver fatigue. Romania maintains that the impact on drivers of long trips repeated over short periods was not taken into account when that provision was adopted.

215Thirdly, the Republic of Poland claims that, unlike its initial version, the final text of point 6(d) of Article 1 of Regulation 2020/1054, requires transport undertakings, without an impact assessment having been carried out, to document how they fulfil the obligation laid down therein and to keep that documentation in order to be able to present it in the event of a control. According to that Member State, an obligation of that nature should have been preceded by an exhaustive analysis of its effects, taking into account the fact that most transport undertakings are SMEs.

216The Parliament and the Council contend that those arguments are unfounded.

(ii) Findings of the Court

217By their arguments, the Republic of Lithuania, the Republic of Bulgaria, Romania and the Republic of Poland call into question the compliance of point 6(d) of Article 1 of Regulation 2020/1054 with the principle of proportionality. Since Romania and the Republic of Poland dispute, moreover, that the EU legislature even examined the proportional nature of that provision, it is appropriate to examine the latter line of argument first.

– Whether the EU legislature has examined the proportionality of point 6(d) of Article 1 of Regulation 2020/1054

218It is settled case-law of the Court that the EU legislature must be able to establish before the Court that it adopted the act at issue having exercised its discretion correctly. To that end, it must, at the very least, be able to produce and set out clearly and unequivocally the basic data on the basis of which this act was adopted and on which the exercise of its discretion depended (see, to that effect, judgment of 8 December 2020, Hungary v Parliament and Council, C‑620/18, EU:C:2020:1001, paragraph 116 and the case-law cited).

219That being so, the EU legislature enjoys a broad discretion not only as regards the nature and scope of the provisions to be taken, but also as regards the relevance of those basic data (see, to that effect, judgment of 8 December 2020, Hungary v Parliament and Council, C‑620/18, EU:C:2020:1001, paragraph 114 and the case-law cited).

220In that regard, it is settled case-law that the form in which those basic data are recorded is irrelevant. The EU legislature may take into account not only the impact assessment but also any other source of information (judgment of 13 March 2019, Poland v Parliament and Council, C‑128/17, EU:C:2019:194, paragraph 31 and the case-law cited).

221Thus, the Court stated that the obligation to carry out an impact assessment in every circumstance does not follow from the terms of points 12 to 15 of the Interinstitutional Agreement (judgment of 3 December 2019, Czech Republic v Parliament and Council, C‑482/17, EU:C:2019:1035, paragraph 82).

222Although point 14 of the Interinstitutional Agreement provides that, upon considering Commission legislative proposals, the Parliament and the Council must take full account of the Commission’s impact assessments, that agreement states, in point 12, that such assessments ‘are a tool to help the three Institutions reach well-informed decisions and not a substitute for political decisions within the democratic decision-making process’. Therefore, while the Parliament and the Council are required to take account of the Commission’s impact assessments, the content of such assessments is not binding on them, in particular as regards the evaluations contained therein (judgment of 21 March 2024, Landeshauptstadt Wiesbaden, C‑61/22, EU:C:2024:251, paragraph 101 and the case-law cited).

223Accordingly, the mere fact that the EU legislature adopted a different and, as the case may be, more onerous measure than that recommended following the impact assessment is not such as to demonstrate that it exceeded the limits of what was necessary in order to attain the stated objective (judgment of 21 March 2024, Landeshauptstadt Wiesbaden, C‑61/22, EU:C:2024:251, paragraph 102 and the case-law cited).

223Accordingly, the mere fact that the EU legislature adopted a different and, as the case may be, more onerous measure than that recommended following the impact assessment is not such as to demonstrate that it exceeded the limits of what was necessary in order to attain the stated objective (judgment of 21 March 2024, Landeshauptstadt Wiesbaden, C‑61/22, EU:C:2024:251, paragraph 102 and the case-law cited).

224Similarly, it is apparent from the case-law of the Court that, where the EU legislature amends substantial elements of the proposal submitted by the Commission, point 15 of the Interinstitutional Agreement does not impose any firm obligation on that legislature to carry out an update of the Commission’s impact assessment, since that point provides only for the possibility of such an update where the Parliament and the Council ‘consider this to be appropriate and necessary for the legislative process’ (see, to that effect, judgment of 13 March 2019, Poland v Parliament and Council, C‑128/17, EU:C:2019:194, paragraph 43).

224Similarly, it is apparent from the case-law of the Court that, where the EU legislature amends substantial elements of the proposal submitted by the Commission, point 15 of the Interinstitutional Agreement does not impose any firm obligation on that legislature to carry out an update of the Commission’s impact assessment, since that point provides only for the possibility of such an update where the Parliament and the Council ‘consider this to be appropriate and necessary for the legislative process’ (see, to that effect, judgment of 13 March 2019, Poland v Parliament and Council, C‑128/17, EU:C:2019:194, paragraph 43).

225It follows that, although the preparation of impact assessments is a step in the legislative process that, as a rule, must take place if a legislative initiative is liable to have a significant economic, environmental or social impact, the omission of such an impact assessment cannot, however, be classified as an infringement of the principle of proportionality where the EU legislature is in a particular situation requiring that an impact assessment be dispensed with and has sufficient information enabling it to assess the proportionality of an adopted measure (see, to that effect, judgment of 3 December 2019, Czech Republic v Parliament and Council, C‑482/17, EU:C:2019:1035, paragraphs 84 and 85).

225It follows that, although the preparation of impact assessments is a step in the legislative process that, as a rule, must take place if a legislative initiative is liable to have a significant economic, environmental or social impact, the omission of such an impact assessment cannot, however, be classified as an infringement of the principle of proportionality where the EU legislature is in a particular situation requiring that an impact assessment be dispensed with and has sufficient information enabling it to assess the proportionality of an adopted measure (see, to that effect, judgment of 3 December 2019, Czech Republic v Parliament and Council, C‑482/17, EU:C:2019:1035, paragraphs 84 and 85).

226In that regard, in order to exercise its discretion correctly, the EU legislature may also be required to take into account, during the legislative procedure, the available scientific data and other findings that became available, including scientific documents used by the Member States during Council meetings that the Council itself does not have (see, to that effect, judgment of 3 December 2019, Czech Republic v Parliament and Council, C‑482/17, EU:C:2019:1035, paragraph 86 and the case-law cited). The EU legislature may also take into account information which is in the public domain and which is accessible to any individual or undertaking concerned (see, to that effect, judgment of 8 July 2010, Afton Chemical, C‑343/09, EU:C:2010:419, paragraph 39).

226In that regard, in order to exercise its discretion correctly, the EU legislature may also be required to take into account, during the legislative procedure, the available scientific data and other findings that became available, including scientific documents used by the Member States during Council meetings that the Council itself does not have (see, to that effect, judgment of 3 December 2019, Czech Republic v Parliament and Council, C‑482/17, EU:C:2019:1035, paragraph 86 and the case-law cited). The EU legislature may also take into account information which is in the public domain and which is accessible to any individual or undertaking concerned (see, to that effect, judgment of 8 July 2010, Afton Chemical, C‑343/09, EU:C:2010:419, paragraph 39).

227In the present case, it is common ground that the EU legislature had, when it adopted Regulation 2020/1054, an impact assessment at its disposal and that that impact assessment related, inter alia, to the obligation laid down in point 6(d) of Article 1 of that regulation. After noting the negative effects on the health of drivers, in terms of stress and fatigue, resulting from long periods spent far away from their place of residence, the Impact assessment – social section (Part 1/2, p. 20), accompanying the proposal for a working time regulation, examined in detail the impact of a measure facilitating the taking by drivers of their weekly rest period at their place of residence (Part 1/2, pp. 41, 55 and 63).

227In the present case, it is common ground that the EU legislature had, when it adopted Regulation 2020/1054, an impact assessment at its disposal and that that impact assessment related, inter alia, to the obligation laid down in point 6(d) of Article 1 of that regulation. After noting the negative effects on the health of drivers, in terms of stress and fatigue, resulting from long periods spent far away from their place of residence, the Impact assessment – social section (Part 1/2, p. 20), accompanying the proposal for a working time regulation, examined in detail the impact of a measure facilitating the taking by drivers of their weekly rest period at their place of residence (Part 1/2, pp. 41, 55 and 63).

228In that context, point 5(c) of Article 1 of that proposal provided for the insertion of paragraph 8b in Article 8 of Regulation No 561/2006 stating that the transport undertaking must organise the work of its drivers in such a way that they are able to spend at least one regular or compensatory weekly rest period in each period of three consecutive weeks at their place of residence.

228In that context, point 5(c) of Article 1 of that proposal provided for the insertion of paragraph 8b in Article 8 of Regulation No 561/2006 stating that the transport undertaking must organise the work of its drivers in such a way that they are able to spend at least one regular or compensatory weekly rest period in each period of three consecutive weeks at their place of residence.

229It is true, as the Republic of Poland rightly points out in support of its argument, that the final version of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054, as adopted by the EU legislature, was not the subject of a supplementary impact assessment, even though it differs from point 5(c) of Article 1 of the proposal for a working time regulation.

229It is true, as the Republic of Poland rightly points out in support of its argument, that the final version of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054, as adopted by the EU legislature, was not the subject of a supplementary impact assessment, even though it differs from point 5(c) of Article 1 of the proposal for a working time regulation.

230It should, however, be borne in mind that, in accordance with the case-law referred to in paragraphs 220 to 226 above, not only is the EU legislature not required to have an impact assessment in all circumstances, but, moreover, such an impact assessment is not binding on it, and the EU legislature therefore remains free to adopt measures other than those which were the subject of it. Therefore, the mere fact that, in the present case, the EU legislature adopted, in Regulation 2020/1054, a provision different from that which had been proposed by the Commission on the basis of the Impact assessment – social section cannot suffice to show that that legislature did not examine the proportionality of point 6(d) of Article 1 of Regulation 2020/1054.

230It should, however, be borne in mind that, in accordance with the case-law referred to in paragraphs 220 to 226 above, not only is the EU legislature not required to have an impact assessment in all circumstances, but, moreover, such an impact assessment is not binding on it, and the EU legislature therefore remains free to adopt measures other than those which were the subject of it. Therefore, the mere fact that, in the present case, the EU legislature adopted, in Regulation 2020/1054, a provision different from that which had been proposed by the Commission on the basis of the Impact assessment – social section cannot suffice to show that that legislature did not examine the proportionality of point 6(d) of Article 1 of Regulation 2020/1054.

231Contrary to what the Republic of Poland suggests, those considerations are in no way called into question by the Interinstitutional Agreement, in particular by point 15 thereof. While it is true that that provision states that ‘the … Parliament and the Council will … carry out impact assessments in relation to their substantial amendments to the Commission’s proposal’, the fact remains that, as noted in paragraph 224 above, point 15 does not contain any firm obligation on those institutions, since it provides only for the option of carrying out such an impact assessment when, in its express terms, the Parliament and the Council ‘consider this to be appropriate and necessary for the legislative process’.

231Contrary to what the Republic of Poland suggests, those considerations are in no way called into question by the Interinstitutional Agreement, in particular by point 15 thereof. While it is true that that provision states that ‘the … Parliament and the Council will … carry out impact assessments in relation to their substantial amendments to the Commission’s proposal’, the fact remains that, as noted in paragraph 224 above, point 15 does not contain any firm obligation on those institutions, since it provides only for the option of carrying out such an impact assessment when, in its express terms, the Parliament and the Council ‘consider this to be appropriate and necessary for the legislative process’.

232In any event, it should be noted, first, that point 6(d) of Article 1 of Regulation 2020/1054 restricts the rule that drivers must return every three weeks, as envisaged by the Commission in its proposal for a working time regulation, to the situation where the driver has taken, in accordance with the derogation provided for in the third subparagraph of Article 8(6) of Regulation No 561/2006, as inserted by point 6(a) of Article 1 of Regulation 2020/1054, two consecutive reduced weekly rest periods. Under point 6(d) of Article 1 of that regulation, the return of drivers every four weeks is thus the general rule.

232In any event, it should be noted, first, that point 6(d) of Article 1 of Regulation 2020/1054 restricts the rule that drivers must return every three weeks, as envisaged by the Commission in its proposal for a working time regulation, to the situation where the driver has taken, in accordance with the derogation provided for in the third subparagraph of Article 8(6) of Regulation No 561/2006, as inserted by point 6(a) of Article 1 of Regulation 2020/1054, two consecutive reduced weekly rest periods. Under point 6(d) of Article 1 of that regulation, the return of drivers every four weeks is thus the general rule.

233Secondly, point 6(d) of Article 1 of Regulation 2020/1054 provides that the transport undertaking may also organise the work of drivers in such a way that they can return either to their place of residence or to the employer’s operational centre. The latter option should, as the Council has pointed out, facilitate compliance with the obligation laid down in that provision, in particular where, as referred to in paragraph 185 above, the driver resides in a third country or in a place away from the employer’s operational centre.

233Secondly, point 6(d) of Article 1 of Regulation 2020/1054 provides that the transport undertaking may also organise the work of drivers in such a way that they can return either to their place of residence or to the employer’s operational centre. The latter option should, as the Council has pointed out, facilitate compliance with the obligation laid down in that provision, in particular where, as referred to in paragraph 185 above, the driver resides in a third country or in a place away from the employer’s operational centre.

234It follows that an obligation to carry out an additional impact assessment was all the more necessary in the present case since the provision ultimately adopted by the EU legislature in point 6(d) of Article 1 of Regulation 2020/1054 is more flexible for transport undertakings than that proposed by the Commission, with the result that its impact on them is less significant.

234It follows that an obligation to carry out an additional impact assessment was all the more necessary in the present case since the provision ultimately adopted by the EU legislature in point 6(d) of Article 1 of Regulation 2020/1054 is more flexible for transport undertakings than that proposed by the Commission, with the result that its impact on them is less significant.

235None of the arguments put forward by Romania and the Republic of Poland is such as to establish that the EU legislature was required to have such an additional impact assessment concerning the obligation laid down in that provision.

235None of the arguments put forward by Romania and the Republic of Poland is such as to establish that the EU legislature was required to have such an additional impact assessment concerning the obligation laid down in that provision.

236As regards, in the first place, the arguments of Romania and the Republic of Poland alleging that the EU legislature failed to examine the impact of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054, on the volume of traffic, by reason of the additional journeys which it would entail, it is apparent from the Impact assessment – social section (Part 1/2, pp. 20 and 21) that, even before the entry into force of that provision, and even if there were certain differences depending on whether drivers were employed in a Member State that joined the European Union on or before 1 May 2004, most drivers, regardless of the Member State in which their employer was established, returned to their place of residence at least every four weeks. In particular, that impact assessment notes in that regard that, while an increasing number of drivers, mainly employed in a Member State which acceded to the European Union on or after 1 May 2004, spend long periods away from home, even those drivers generally only spend between two and four consecutive weeks on the road before returning to their place of residence, whereas drivers employed in a Member State which acceded to the European Union before that date generally do not stay away from their place of residence for more than one to two weeks. It follows that the EU legislature therefore had sufficient information to assess the impact of point 6(d) of Article 1 on the volume of traffic.

236As regards, in the first place, the arguments of Romania and the Republic of Poland alleging that the EU legislature failed to examine the impact of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054, on the volume of traffic, by reason of the additional journeys which it would entail, it is apparent from the Impact assessment – social section (Part 1/2, pp. 20 and 21) that, even before the entry into force of that provision, and even if there were certain differences depending on whether drivers were employed in a Member State that joined the European Union on or before 1 May 2004, most drivers, regardless of the Member State in which their employer was established, returned to their place of residence at least every four weeks. In particular, that impact assessment notes in that regard that, while an increasing number of drivers, mainly employed in a Member State which acceded to the European Union on or after 1 May 2004, spend long periods away from home, even those drivers generally only spend between two and four consecutive weeks on the road before returning to their place of residence, whereas drivers employed in a Member State which acceded to the European Union before that date generally do not stay away from their place of residence for more than one to two weeks. It follows that the EU legislature therefore had sufficient information to assess the impact of point 6(d) of Article 1 on the volume of traffic.

237As regards, in the second place, the Republic of Poland’s argument that the EU legislature did not carry out an appropriate analysis of the impact of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 on the safety of drivers, it must be rejected for the same reason as that set out in the preceding paragraph.

237As regards, in the second place, the Republic of Poland’s argument that the EU legislature did not carry out an appropriate analysis of the impact of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 on the safety of drivers, it must be rejected for the same reason as that set out in the preceding paragraph.

238As regards, in the third place, that Member State’s argument that there was no impact assessment relating to the measure provided for in the third subparagraph of Article 8(8a) of Regulation No 561/2006, as inserted by point 6(d) of Article 1 of Regulation 2020/1054, according to which transport undertakings must document how they fulfil the obligation laid down in that provision, it suffices to note that that measure, which is intended to address one of the main problems identified in the Impact assessment – social section, namely the difficulty of enforcing EU legislation, in particular in the social field (Part 1/2, pp. 14 to 17) is intrinsically linked to that obligation, which has been the subject of an impact assessment and is intended to ensure compliance with it. Furthermore, as is apparent from recital 14 of that regulation, and as has been pointed out in paragraph 189 above, the evidential obligation laid down by that measure may be satisfied by any document, the EU legislature not having laid down any particular procedure in that regard.

238As regards, in the third place, that Member State’s argument that there was no impact assessment relating to the measure provided for in the third subparagraph of Article 8(8a) of Regulation No 561/2006, as inserted by point 6(d) of Article 1 of Regulation 2020/1054, according to which transport undertakings must document how they fulfil the obligation laid down in that provision, it suffices to note that that measure, which is intended to address one of the main problems identified in the Impact assessment – social section, namely the difficulty of enforcing EU legislation, in particular in the social field (Part 1/2, pp. 14 to 17) is intrinsically linked to that obligation, which has been the subject of an impact assessment and is intended to ensure compliance with it. Furthermore, as is apparent from recital 14 of that regulation, and as has been pointed out in paragraph 189 above, the evidential obligation laid down by that measure may be satisfied by any document, the EU legislature not having laid down any particular procedure in that regard.

239The arguments of Romania and the Republic of Poland alleging that the EU legislature has failed to examine the effects of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 must therefore be rejected.

239The arguments of Romania and the Republic of Poland alleging that the EU legislature has failed to examine the effects of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 must therefore be rejected.

– The proportionality of point 6(d) of Article 1 of Regulation 2020/1054

240– The proportionality of point 6(d) of Article 1 of Regulation 2020/1054

241It is settled case-law of the Court that the principle of proportionality, which is one of the general principles of EU law, requires that acts adopted by the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not go beyond what is necessary in order to achieve those objectives; when there is a choice between several appropriate measures, recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (judgment of 16 February 2022, Hungary v Parliament and Council, C‑156/21, EU:C:2022:97, paragraph 340 and the case-law cited).

240It is settled case-law of the Court that the principle of proportionality, which is one of the general principles of EU law, requires that acts adopted by the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not go beyond what is necessary in order to achieve those objectives; when there is a choice between several appropriate measures, recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (judgment of 16 February 2022, Hungary v Parliament and Council, C‑156/21, EU:C:2022:97, paragraph 340 and the case-law cited).

242That principle is also set out in Article 5(4) TEU and in Article 1 of the Protocol on the principles of subsidiarity and proportionality.

241That principle is also set out in Article 5(4) TEU and in Article 1 of the Protocol on the principles of subsidiarity and proportionality.

243With regard to judicial review of compliance with the requirements flowing from the principle of proportionality, the Court has accepted that, in the exercise of the powers conferred on it, the EU legislature must be allowed a broad discretion in areas in which its action involves political, economic or social choices and in which it is called upon to undertake complex assessments and evaluations. Thus, it is not a question of knowing whether a measure adopted in such an area was the only or the best possible measure, as only the manifestly inappropriate nature of that measure by reference to the objective that the EU legislature intends to pursue can affect the legality of that measure (see, to that effect, judgment of 8 December 2020, Hungary v Parliament and Council, C‑620/18, EU:C:2020:1001, paragraph 112 and the case-law cited).

242With regard to judicial review of compliance with the requirements flowing from the principle of proportionality, the Court has accepted that, in the exercise of the powers conferred on it, the EU legislature must be allowed a broad discretion in areas in which its action involves political, economic or social choices and in which it is called upon to undertake complex assessments and evaluations. Thus, it is not a question of knowing whether a measure adopted in such an area was the only or the best possible measure, as only the manifestly inappropriate nature of that measure by reference to the objective that the EU legislature intends to pursue can affect the legality of that measure (see, to that effect, judgment of 8 December 2020, Hungary v Parliament and Council, C‑620/18, EU:C:2020:1001, paragraph 112 and the case-law cited).

243However, even where it has broad discretion, the EU legislature must base its choice on objective criteria and examine whether the aims pursued by the measure chosen are such as to justify even substantial negative economic consequences for certain operators. Under Article 5 of the Protocol on the principles of subsidiarity and proportionality, draft legislative acts must take account of the need for any burden falling upon economic operators to be minimised and commensurate with the objective to be achieved (judgment of 8 December 2020, Hungary v Parliament and Council, C‑620/18, EU:C:2020:1001, paragraph 115 and the case-law cited).

244However, even where it has broad discretion, the EU legislature must base its choice on objective criteria and examine whether the aims pursued by the measure chosen are such as to justify even substantial negative economic consequences for certain operators. Under Article 5 of the Protocol on the principles of subsidiarity and proportionality, draft legislative acts must take account of the need for any burden falling upon economic operators to be minimised and commensurate with the objective to be achieved (judgment of 8 December 2020, Hungary v Parliament and Council, C‑620/18, EU:C:2020:1001, paragraph 115 and the case-law cited).

It is for the EU legislature, where the act at issue is challenged before the courts, to establish before the Court that, for the purposes of adopting that act, it correctly exercised its discretion, taking into consideration all the relevant factors and circumstances of the situation the act was intended to regulate. It follows that, as is already apparent from paragraph 218 above, that legislature must at the very least be able to produce and set out clearly and unequivocally the basic facts that had to be taken into account as the basis of the contested measures of that act and on which the exercise of its discretion depended.

245In that regard, it is for the applicant to put forward the reasons why the disadvantages resulting from the legislative choice made by the EU legislature are disproportionate when compared with the advantages that it otherwise offers (see, to that effect, judgment of 21 June 2018, Poland v Parliament and Council, C‑5/16, EU:C:2018:483, paragraph 177 and the case-law cited).

246It should also be pointed out that, where the EU measure concerned has consequences in all Member States and requires that a balance between the different interests involved is ensured, taking into account the objectives of that measure, the attempt to strike such a balance, taking into account the particular situation of all Member States, cannot, in itself, be regarded as contrary to the principle of proportionality (judgments of 21 June 2018, Poland v Parliament and Council, C‑5/16, EU:C:2018:483, paragraph 167, and of 13 March 2019, Poland v Parliament and Council, C‑128/17, EU:C:2019:194, paragraph 106).

247The principles deriving from the case-law referred to in paragraphs 240 to 246 of this judgment fully apply to measures adopted in the field of the common transport policy, such as those provided for by Regulation 2020/1054, which, adopted on the basis of Article 91(1) TFEU, involves political choices and complex assessments of their economic and social impacts (see, to that effect, judgment of 8 December 2020, Hungary v Parliament and Council, C‑620/18, EU:C:2020:1001, paragraphs 112 and 113). Thus, according to the Court’s settled case-law, by giving the Parliament and the Council the task of establishing a common transport policy, the FEU Treaty conferred on them a wide discretion as to the adoption of appropriate common rules (see, to that effect, judgment of 9 September 2004, Spain and Finland v Parliament and Council, C‑184/02 and C‑223/02, EU:C:2004:497, paragraphs 29 and 56 and the case-law cited).

248It is in the light of those considerations that it is necessary to examine whether the EU legislature infringed the principle of proportionality when it adopted point 6(d) of Article 1 of Regulation 2020/1054.

249The objective pursued by that provision, in the light of which its proportionality must be examined, is to improve, as is apparent, inter alia, from recitals 1, 2, 6, 8, 14 and 36 of that regulation, the working conditions and road safety of drivers within the European Union, by ensuring that they can reach their place of residence at regular intervals in order to take their regular or compensatory weekly rest period, so that the period spent by drivers carrying out international transport operations away from that place of residence is not excessively long. The purpose of that provision is thus to remedy the absence of clear rules on weekly rest periods and the return of drivers to their place of residence.

250That objective forms part of the more general objective pursued by Regulation 2020/1054, which is, as stated in recital 1, to ensure fair business conditions between transport undertakings in order to ensure that the road transport sector is safe, efficient and socially accountable, in order to ensure non-discrimination and to attract qualified workers. From that point of view, that regulation seeks to establish EU social rules on road transport that are clear, proportionate, fit for purpose, and are easy to apply and to enforce and implemented in an effective and consistent manner throughout the European Union.

251The Republic of Lithuania, the Republic of Bulgaria, Romania and the Republic of Poland, which do not dispute the legitimacy of those various objectives, submit that point 6(d) of Article 1 of Regulation 2020/1054, in itself, fails to comply with the requirements arising from the principle of proportionality.

252In order to determine whether that provision complies with that principle, it is necessary to examine whether the obligation it lays down is appropriate for achieving the objective pursued by that provision, which is to improve the working conditions and road safety of drivers by ensuring that the time spent by drivers carrying out international transport operations away from their place of residence is not excessively long, and whether it does not manifestly go beyond what is necessary to attain that objective and whether it is proportionate in the light of that objective.

The appropriateness of point 6(d) of Article 1 of Regulation 2020/1054 to achieve the objective pursued

253As regards, in the first place, the appropriateness of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 for achieving the objective pursued, it suffices to note that a measure which obliges transport undertakings to allow drivers to return, as the case may be, every three or four weeks to the employer’s operational centre or to their place of residence in order, respectively, to begin or spend their regular or compensatory weekly rest period there, is capable of ensuring that those drivers do not stay away from their place of residence for long periods, since it gives them the opportunity, if they so wish, of returning there, at regular intervals not exceeding four weeks, after having returned, where appropriate, depending on the specific arrangements for implementing that obligation, to the employer’s operational centre, in accordance with the options offered in that regard to transport undertakings, referred to in paragraphs 186 to 188 and 233 above.

254Admittedly, it is apparent from the Impact assessment – social section (Part 1/2, pp. 20 and 21) that, even before the adoption of point 6(d) of Article 1 of Regulation 2020/1054, many drivers, regardless of the Member State in which their employer was established, were already returning to their place of residence every two to four weeks, so that the obligation laid down in that provision should have only a limited impact on transport undertakings.

255However, contrary to what is claimed by the Republic of Poland, it cannot be inferred from this that that obligation is inappropriate for attaining the objective pursued.

256Even if a significant number of drivers employed in the European Union returned to their place of residence at least every four weeks before the adoption of Regulation 2020/1054, that was not the case for all of those drivers. In addition, the Impact assessment – social section (Part 1/2, p. 20) noted, as did the study carried out by the Commission on the social legislation applicable to the transport sector prior to the adoption of that regulation (‘Ex-post evaluation of social legislation in road transport and its enforcement, Final report’, June 2016 (‘the ex post evaluation relating to social legislation’), p. 24), referred to in recital 4 of that regulation, that the periods spent by drivers employed in the European Union away from their place of residence have increased significantly over the last 10 years. Thus, point 6(d) of Article 1 of that regulation specifically guarantees the drivers concerned increased social protection, while ensuring, through the application of a mandatory and uniform rule in the European Union, more fair competition between transport undertakings and improving road safety throughout the European Union.

257In those circumstances, the EU legislature was entitled to take the view that that provision is appropriate for attaining the objective pursued by it.

The necessary nature of point 6(d) of Article 1 of Regulation 2020/1054

258As regards, in the second place, the necessity of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054, this is disputed by the Republic of Bulgaria, Romania and the Republic of Poland on the ground that there are less restrictive alternative measures.

259In that regard, it is true that the possibility of limiting that obligation to cases in which drivers choose to return was considered during the legislative procedure, as is apparent from the opinion of the Parliament’s Committee on Employment and Social Affairs, mentioned by the Republic of Poland.

260However, that alternative was not adopted by the EU legislature. Since, as has already been pointed out in paragraph 174 above, the driver is the weaker party to the contractual relationship with his or her employer, there would have been a risk that such an option would have led to the driver’s choice not being completely free, since he or she would have been susceptible to pressure to make a choice that was favourable to the employer’s interests. The Impact assessment – social section (Part 1/2, p. 49) has specifically highlighted, as regards the taking of weekly rest periods, the difficulty of demonstrating the existence of actual freedom of choice on the part of drivers.

261In those circumstances, the EU legislature could legitimately consider that the alternative measure envisaged by the Republic of Bulgaria, Romania and the Republic of Poland would not achieve the same result as point 6(d) of Article 1 of Regulation 2020/1054.

The proportionality of point 6(d) of Article 1 of Regulation 2020/1054

262As regards, in the third place, the proportionality of the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054, it is necessary to determine whether, as the Republic of Lithuania, the Republic of Bulgaria, Romania and the Republic of Poland submit, that provision imposes, having regard to the objective pursued by it, an excessive burden in view of the negative repercussions which it would have, respectively, on transport undertakings, on drivers and on the environment.

263As regards the objective of general interest referred to in point 6(d) of Article 1 of Regulation 2020/1054, it must be recalled that, as is apparent from Article 3(3) TEU, the European Union is to establish not only an internal market but also work for the sustainable development of Europe based, inter alia, on a highly competitive social market economy, aiming at full employment and social progress, and it is to promote, inter alia, social protection. The European Union therefore has not only an economic purpose, but also a social objective (see, to that effect, judgment of 21 December 2016, AGET Iraklis, C‑201/15, EU:C:2016:972, paragraphs 76 and 77 and the case-law cited). According to the preamble to the TFEU, the constant improvement of living and working conditions is an ‘essential objective’ of the European Union.

264In that regard, it should be recalled that Article 90 TFEU provides that the objectives of the Treaties are to be pursued within the framework of the common transport policy. Furthermore, Article 9 TFEU states, specifically with regard to social policy objectives, that the European Union is to take into account requirements linked to those objectives in defining and implementing its policies and activities. Thus, the EU legislature is required to take full account of those objectives, which include, according to the first paragraph of Article 151 TFEU, inter alia, the promotion of a high level of employment, improved living and working conditions, ensuring proper social protection and a high level of human health protection.

265The importance of those objectives may justify even substantial negative economic consequences for certain economic operators (see, by analogy, judgments of 23 October 2012, Nelson and Others C‑581/10 and C‑629/10, EU:C:2012:657, paragraph 81, and of 2 September 2021, Irish Ferries, C‑570/19, EU:C:2021:664, paragraph 98).

266In that context, it should also be emphasised that, according to the case-law of the Court, where a legislative act has already coordinated the legislation of the Member States in a given EU policy area, the EU legislature cannot be denied the possibility of adapting that act to any change in circumstances or any development of knowledge, having regard to its task of ensuring the protection of the general interests recognised by the FEU Treaty and taking into account the overarching objectives of the European Union enshrined in Article 9 of that Treaty, which include the requirements linked with promoting a high level of employment and guaranteeing adequate social protection. Indeed, in such a situation, the EU legislature can properly carry out its task of safeguarding those general interests and those overarching objectives only if has the freedom to amend the relevant EU legislation so as to take account of such changes or advances (judgment of 8 December 2020, Hungary v Parliament and Council, C‑620/18, EU:C:2020:1001, paragraphs 41 and 42 and the case-law cited).

267In particular, the Court noted in that regard that, in the light of the significant developments which have affected the internal market, the EU legislature is entitled to amend a legislative act in order to rebalance the interests involved in order to increase the social protection of the workers concerned and to make competition within that market fairer by altering the conditions under which the freedom to provide services is exercised (see, to that effect, judgment of 8 December 2020, Hungary v Parliament and Council, C‑620/18, EU:C:2020:1001, paragraphs 62 and 64).

268In the Impact assessment – social section accompanying the proposal for a working time regulation, the Commission found not only that long periods spent away from their place of residence are likely to have negative effects on drivers’ health in terms of stress and fatigue, but also that the periods spent by drivers employed in the European Union away from their place of residence appear to have increased significantly over the last 10 years because of the internationalisation of the transport market, while pointing out that the shortage of drivers was partly caused by the deterioration in working conditions which harms the image and attractiveness of the profession (Part 1/2, pp. 9 and 20).

269It is in the light of those considerations that it is appropriate to examine, first, the arguments relating to the negative consequences for transport undertakings resulting from the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054, put forward by the Republic of Lithuania, the Republic of Bulgaria, Romania and the Republic of Poland.

270In that regard, it should be noted at the outset that the EU legislature took care to ensure a certain degree of flexibility for those undertakings, in order to mitigate such consequences.

271First of all, point 6(d) of Article 1 of Regulation 2020/1054 does not concern all weekly rest periods, but only those taken by drivers during each four-week period, that period being reduced to three weeks only when they have previously taken two consecutive reduced weekly rest periods.

272Next, by failing to specify precisely the manner in which the obligation laid down in that provision is to be performed, the EU legislature leaves the transport undertakings room for manoeuvre by allowing them to choose the manner in which they consider it most appropriate to perform that obligation.

273Furthermore, as has already been stated in paragraphs 186 and 233 above, that provision enables the employer to organise the return of drivers, if they so wish, either to their place of residence or to the employer’s operational centre, whereas the Commission, following a more radical approach, envisaged, in point 5(c) of Article 1 of its proposal for a working time regulation, an obligation on the employer to organise that return solely to the driver’s place of residence.

274Finally, Article 12 of Regulation No 561/2006, as amended by point 11 of Article 1 of Regulation 2020/1054, provides additional elements of flexibility as regards the return of drivers. Point 11 of Article 1 allows drivers, by way of derogation, to exceed the daily and weekly driving time by up to 1 hour in order to reach the employer’s operational centre or their own place of residence in order to begin or spend a regular or compensatory weekly rest period, respectively, or even by a maximum of 2 hours, provided that he or she has taken an uninterrupted break of 30 minutes immediately before the additional driving, provided that this is offset by an equivalent rest period, taken en bloc with any rest period, no later than the end of the third week following the week in question. It follows from the Impact assessment – social section (Part 1/2, p. 51) that that amendment seeks to allow drivers, in particular those engaged in long international trips, to reach their place of residence or the employer’s operational centre to take a regular or compensatory weekly rest period at the place of residence or in another private place of their choice.

275As regards, more specifically, the arguments relating to the costs which point 6(d) of Article 1 of Regulation 2020/1054 entails for transport undertakings, it should be noted that the strengthening by the EU legislature of the social protection of certain categories of workers, in the present case through the obligation laid down in that provision, which seeks to improve their working conditions by ensuring that the time spent away from their place of residence is not excessively long, may entail additional costs for employers who are required to ensure compliance with it. The fact that an obligation imposed by the EU legislature may entail certain costs for the transport undertakings responsible for that obligation does not therefore, in itself constitute a breach of the principle of proportionality, unless those costs are clearly disproportionate having regard to the objective pursued.

276In that regard, as regards, first of all, the arguments of the Republic of Bulgaria, Romania and the Republic of Poland that point 6(d) of Article 1 of Regulation 2020/1054 gives rise to significant additional costs for undertakings which are often SMEs, owing to the need to organise the return of drivers, a significant proportion of which are carried out by using unladen vehicles, it suffices to note that those Member States merely refer, in a general and abstract manner, to such an impact on the costs of transport undertakings, without putting forward any specific evidence to show how that impact is excessive in relation to the objective pursued. The Republic of Poland itself points out, moreover, that the costs arising from a return to the employer’s operational centre or to the driver’s place of residence are ‘difficult to assess’ and that it is ‘difficult to produce the calculation of the costs’.

277As is apparent from the Impact assessment – social section (Part 1/2, pp. 20 and 21), even before the entry into force of point 6(d) of Article 1 of Regulation 2020/1054, most drivers, irrespective of the Member State in which their employer was established, returned at least every four weeks to their place of residence.

278As regards, next, the argument by which Romania and the Republic of Poland submit that that provision imposes particularly heavy burdens on transport undertakings established in Member States described as ‘Member States situated on the periphery of the European Union’, as compared with another group of Member States described, as the case may be, as ‘Member States situated at the centre of the European Union’ or ‘Member States situated in the western part of the European Union’, it should be noted that the costs associated with the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054 are likely to be greater for transport undertakings, regardless of the Member State in which they are established, that have opted for a business model consisting in providing most, if not all, of their services to recipients established in Member States distant from the first Member State and whose drivers thus carry out their transport operations away from their place of residence.

279However, as the Council has rightly pointed out, it is precisely the drivers employed by transport undertakings that have opted for such a business model who are most in need of the protection afforded by the harmonisation rule laid down in point 6(d) of Article 1 of Regulation 2020/1054, which confirms the proportionate nature of that provision in achieving the objective of improving working conditions which it pursues.

280Furthermore, in so far as the business model in question is essentially adopted by transport undertakings established in certain Member States, it follows from the case-law of the Court, referred to in paragraph 246 above, that, where the EU act concerned has consequences in all the Member States and requires a balance to be struck between the various interests involved, having regard to the objectives pursued by that act, the pursuit of such a balance, taking into account the situation of all the Member States, cannot, in itself, be regarded as being contrary to the principle of proportionality.

281Furthermore, it is apparent from settled case-law, referred to in paragraphs 266 and 267 above, that the EU legislature, in the light of significant developments which have affected the internal market, is entitled to amend a legislative act in order to rebalance the interests involved with a view to increasing the social protection of drivers by changing the conditions under which the freedom to provide services is exercised and to guarantee fair competition.

282In the present case, it appears that the EU legislature specifically sought, by amending EU legislation on the working time of drivers, to strike a new balance, as is apparent from recital 1 of Regulation 2020/1054, taking into account, on the one hand, the interest of drivers in enjoying better working conditions and greater road safety and, on the other hand, the interest of employers in carrying on their transport activities under fair commercial conditions.

283In weighing up the various interests at stake, the EU legislature was entitled to take the view, in the context of its wide discretion in relation to the common transport policy, that the significant increase, over the last 10 years, in periods spent by drivers employed in the European Union away from their place of residence made it necessary to introduce a specific measure aimed at improving the working conditions of the drivers concerned and that the negative effects on their health of long periods spent away from their place of residence were more serious than the negative consequences, particularly in terms of costs, for a number of undertakings which provide services on a more or less permanent basis in Member States other than those in which they are established. Such a rebalancing is consistent with the social ambitions of the European Union set out, inter alia, in Article 9 TFEU.

284Thus, while it cannot be ruled out that point 6(d) of Article 1 of Regulation 2020/1054 may have different effects on transport undertakings depending on the Member State in which they are established, the fact remains that any negative effects that may result in terms of charges for certain employers must be weighed against the positive effects which will result in terms of social protection for all drivers employed in the European Union. The fact that the effects of that provision are not identical in all the Member States does not therefore demonstrate that the EU legislature adopted a manifestly disproportionate measure.

285As regards, moreover, the Republic of Poland’s argument relating to the costs arising from the obligation to provide documentation laid down in the third subparagraph of Article 8(8a) of Regulation No 561/2006, as inserted by point 6(d) of Article 1 of Regulation 2020/1054, it should be noted that that obligation to provide documentation is intended to remedy one of the main problems identified by the Impact assessment – social section, namely the difficulty of ensuring compliance with EU legislation (Part 1/2, pp. 14 to 17). Furthermore, compliance with the obligation laid down in the latter provision may, as has already been stated, inter alia, in paragraph 189 above, be proved by any document and therefore, in particular, by tachograph records and drivers’ duty rosters, which is likely to limit the costs of the documentation thus required. In accordance with Article 16(2) of Regulation No 561/2006 and Article 33(2) of Regulation No 165/2014, in the version applicable before the entry into force of Regulation 2020/1054, transport undertakings were already required to keep and retain, for at least one year, the latter two types of documents.

286Finally, as regards the argument relating to the COVID-19 pandemic, it suffices to note that it was not for the EU legislature to remedy the effects of that pandemic in the context of Regulation 2020/1054, which is intended to improve the working conditions of drivers, particularly since other specific EU legislative acts had such an objective, such as, in the field of transport, Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID‐19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ 2020 L 165, p. 10). The effects of the COVID-19 pandemic are therefore irrelevant for the purposes of assessing whether point 6(d) of Article 1 of Regulation 2020/1054 complies with the requirements arising from the principle of proportionality.

287In any event, Article 14(2) of Regulation No 561/2006, as amended by point 13 of Article 1 of Regulation 2020/1054, allows Member States, in cases of urgency, to grant, in exceptional circumstances, a temporary derogation from the application of the provisions of Regulation No 561/2006 concerning, inter alia, driving time and rest periods, for a period not exceeding 30 days, which they must duly justify and immediately notify to the Commission.

288As regards, secondly, the arguments relating to the negative consequences for drivers resulting from the obligation laid down in point 6(d) of Article 1 of Regulation 2020/1054, relied on by the Republic of Lithuania, the Republic of Bulgaria, Romania and the Republic of Poland, it is necessary, first of all, to reject as unfounded the argument by which those Member States maintain that that provision restricts the right of drivers to choose where they wish to spend their regular or compensatory weekly rest period. That line of argument is based on the incorrect premiss, as is apparent from paragraphs 168 to 180 above, that that provision deprives drivers of the possibility of freely choosing another place to take that rest period. That argument must therefore, as stated in paragraph 200 above, be rejected on that ground alone.

289The argument put forward in that context by the Republic of Poland, based on the arbitrary nature of the places where, according to that Member State, drivers are required, under point 6(d) of Article 1 of Regulation 2020/1054, to begin or take their regular or compensatory weekly rest period, as the case may be, every three or four weeks, must be rejected. In addition to what has been stated in the preceding paragraph, it cannot seriously be disputed that the employer’s operational centre and the driver’s place of residence, which objectively constitute places where a driver is likely, depending on the case, to begin or spend his or her weekly rest period, have, as the Advocate General observed in points 211 and 212 of his Opinion, a genuine link with that driver.

290In that regard, it should be recalled, first, that the Court has already held that the operating centre to which a driver is normally attached should correspond to the place of departure from which he or she regularly carries out his or her service in order to pick up and drive a vehicle fitted with recording equipment and to which he returns at the end of his or her service in the normal course of his or her duties (see, to that effect, judgment of 29 April 2010, Smit Reizen, C‑124/09, EU:C:2010:238, paragraphs 27 and 31).