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Case C-541/16: Action brought on 25 October 2016 — European Commission v Kingdom of Denmark
ECLI:EU:UNKNOWN:62016CN0541
62016CN0541
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9.1.2017
Official Journal of the European Union
C 6/30
(Case C-541/16)
(2017/C 006/37)
Language of the case: Danish
Parties
Applicant: European Commission (represented by: L. Grønfeldt and J. Hottiaux, acting as Agents)
Defendant: Kingdom of Denmark
Form of order sought
—Declare that the Kingdom of Denmark has failed to fulfil its obligations under Article 2(6) Regulation (EC) No 1072/2009 (1) on common rules for access to the international road haulage market;
—order Kingdom of Denmark to pay the costs.
Pleas in law and main arguments
—The Commission submits that Article 8(2) of Regulation (EC) No 1072/2009 regulates exhaustively how hauliers may to carry out cabotage operations on the terms laid down in that article. The provision does not provide for a maximum number of loading and/or unloading sites within the same cabotage operation. The limit of a maximum of three cabotage operations does not mean that a cabotage operation must include a set number of loading and/or unloading sites.
—Under the Danish rules cabotage can consist either of a number of loading sites or a number of unloading sites, but not both. The Danish rules preclude non-resident hauliers from carrying out cabotage operations consisting of a number of loading and unloading sites, which constitutes a restriction on how those hauliers may carry out cabotage operations in Denmark as provided for under Regulation (EC) No 1072/2009.
(1) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ 2009 L 300, p. 72).