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In Joined Cases C‑541/20 REC II to C‑555/20 REC II,
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, 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. Romanovska, 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. 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,
Council of the European Union, represented by M. Bencze, I. Gurov, A. Norberg, K. Pavlaki, V. Sanda, A. Sikora-Kalėda, 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 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),
Italian Republic, represented by G. Palmieri, acting as Agent, 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. 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, T. von Danwitz, Vice-President, F. Biltgen, M.L. Arastey Sahún, S. Rodin, A. Kumin, D. Gratsias and M. Gavalec, Presidents of Chambers, E. Regan (Rapporteur), I. Ziemele and J. Passer, Judges,
Advocate General: A. Biondi,
Registrar: A. Calot Escobar,
after hearing the Advocate General,
makes the following
On 4 October 2024, the Court (Grand Chamber) delivered the judgment in Lithuania and Others v Parliament and Council (Mobility package) (C‑541/20 to C‑555/20, EU:C:2024:818).
That judgment contains, in the versions in the languages of the case, errors that it is appropriate for the Court to rectify of its own motion, pursuant to Article 154(1) of the Rules of Procedure of the Court of Justice.
On those grounds, the Court (Grand Chamber) hereby orders:
Paragraph 589 of the judgment of 4 October 2024, Lithuania and Others v Parliament and Council (Mobility package) (C‑541/20 to C‑555/20, EU:C:2024:818), shall be rectified as follows:
‘By point 2 and point 8(a) of Article 2 of Regulation 2020/1054, which amend, respectively, Article 3(4) and the first paragraph of Article 11 of Regulation No 165/2014, the EU legislature introduced a gradual system for the introduction of V2 tachographs during a transitional period. Thus, first, the starting date of that transitional period depends on the date of entry into force of the specifications relating to those tachographs, laid down by the Commission in Implementing Regulation 2021/1228, which entered into force on 19 August 2021. Secondly, the duration of that transitional period depends on the type of tachograph with which the vehicle is already fitted.’
Paragraph 590 of that judgment shall be rectified as follows:
‘In that regard, while vehicles fitted with an analogue or digital tachograph are to be fitted with a V2 tachograph no later than three years from the end of the year of entry into force of those specifications, that is to say, no later than 31 December 2024, vehicles fitted with a first-generation tachograph are to be fitted with a V2 tachograph no later than four years after the entry into force of those specifications, that is to say, no later than 19 August 2025.’
3.Paragraph 620 of the judgment shall be rectified as follows:
‘Next, the time limit of three or four years for the installation of V2 tachographs, laid down by the EU legislature in point 2 of Article 2 of Regulation 2020/1054, began to run not on the date of the entry into force of that regulation, on 20 August 2020, but, in accordance with that provision, respectively, at the end of the year of entry into force or after the entry into force of the implementing regulation that it was for the Commission to adopt, pursuant to point 8(a) of that Article 2, concerning the technical specifications, namely, in view of the entry into force, on 19 August 2021, of Implementing Regulation 2021/1228, as the case may be, from 31 December 2021 or from 19 August 2021. Accordingly, the transport undertakings concerned have, in actual fact, a longer time limit, depending on the type of tachograph with which their vehicles are fitted, in which to install V2 tachographs in accordance with those new provisions, a time limit that runs, respectively, for almost four and a half years until 31 December 2024 or for five years until 19 August 2025.’
4.The original of the present order shall be annexed to the original of the rectified judgment. A note of this order shall be made in the margin of the original of the rectified judgment.
Luxembourg, 12 March 2025.
Registrar
K. Lenaerts
President
—
(1) Languages of the case: Bulgarian, Greek, English, Lithuanian, Hungarian, Polish and Romanian.