On Wednesday 20 December, the judges at the European Court of Justice (ECJ) made an important ruling on Case C-102/16 within the political negotiations taking place within the first "mobility" package. The European Commission presented this package on 31 May last (see EUROPE 11799).
In August 2014, a road transport company brought an action before the Belgian Council of State seeking the annulment of a Belgian royal decree under which a lorry driver can be fined if he takes his regular weekly rest period in his vehicle. According to transport operator, the royal decree in question is incompatible with Regulation No. 561/2006 on social legislation in the road transport domain, which Belgium contests.
The latter contends that lorry drivers can take their reduced daily and weekly rest time (up to 24 hours) in their vehicles, subject to certain conditions but does not mention this question involving normal weekly rest time of 45 hours.
In a referral, the Council of State subsequently asked the Court of Justice to clarify whether the regulation must be regarded as containing an implied prohibition on taking the regular weekly rest period in the vehicle.
In its the ruling, the Court considers, first of all, that in referring only to the "reduced weekly rest period", the legislature only intended to prohibit the normal weekly rest period from being taken on board the vehicle.
The judges also point out that the main aim of the text is to improve working conditions for road hauliers, as well as road safety. Moreover, allowing a driver to spend their normal weekly rest time on board the vehicle would go against these objectives, given the equipment contained in the vehicle cabin.
Finally, the Court indicates that the Commission had proposed allowing drivers to spend their normal weekly rest time on board the vehicle but this had been rejected by the legislature when this regulation was adopted.
The ECJ therefore considers that regulation 561/2006 is opposed to lorry drivers being able to take their normal weekly rest time on board their vehicle.
Likely impact on first mobility package.
The ruling made by the judges at the European Court of Justice is particularly important in the context of the political negotiations on the first mobility package.
The discussions on the social provisions, which also include questions of the liberalisation of cabotage and posted workers, are stalling at the Council and several smaller European States in Central and Eastern Europe do not support a total ban on normal weekly rest time being taken in the vehicle (see EUROPE 11919).
Although the Commission has not proposed authorising this possibility, the greater level of flexibility introduced into working time could have the impact of increasing rest time being taken on board the vehicle. (Original version in French by Lucas Tripoteau)