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Case C-666/21, Åklagarmyndigheten: Judgment of the Court (Third Chamber) of 2 March 2023 (request for a preliminary ruling from the Hovrätten för Nedre Norrland — Sweden) — AI v Åklagarmyndigheten (Reference for a preliminary ruling — Road transport — Regulation (EC) No 561/2006 — Scope — Article 2(1)(a) — Article 3(h) — Notion of ‘carriage by road of goods’ — Notion of ‘maximum permissible mass’ — Vehicle fitted out as a temporary private living space and for the non-commercial loading of goods — Regulation (EU) No 165/2014 — Tachographs — Article 23(1) — Requirement for regular inspections by approved workshops)
ECLI:EU:UNKNOWN:62021CA0666
62021CA0666
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Official Journal of the European Union
C 155/18
(Case C-666/21, (1) Åklagarmyndigheten)
(Reference for a preliminary ruling - Road transport - Regulation (EC) No 561/2006 - Scope - Article 2(1)(a) - Article 3(h) - Notion of ‘carriage by road of goods’ - Notion of ‘maximum permissible mass’ - Vehicle fitted out as a temporary private living space and for the non-commercial loading of goods - Regulation (EU) No 165/2014 - Tachographs - Article 23(1) - Requirement for regular inspections by approved workshops)
(2023/C 155/21)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: AI
Defendant: Åklagarmyndigheten
Operative part of the judgment
Article 2(1)(a) of 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, as amended by Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014, read in conjunction with Article 3(h) of Regulation No 561/2006, as amended,
must be interpreted to the effect that the notion of ‘carriage by road of goods’, within the meaning of the first of those provisions, covers carriage by road by a vehicle whose maximum permissible mass, within the meaning of Article 4(m) of Regulation No 561/2006, as amended, exceeds 7,5 tonnes, including where it is fitted out not only as a temporary private living area but also for the non-commercial loading of goods, without that vehicle’s cargo capacity or the category in which it appears in the national road traffic register having any effect in that regard.
(1) OJ C 24, 17.1.2022.