The Council of the EU has been invited to submit its written observations to the Court of Justice of the EU before 26 November in case C-541/20, which opposes the EU Council and the European Parliament against Lithuania. This was stated in a note from the EU Council to the Ambassadors of the EU27 at the beginning of last week, a copy of which has been obtained by EUROPE.
Lithuania was the first of six European countries (see EUROPE 12589/17) - to which Cyprus was added - to announce its intention to bring an action before the Court to obtain the “partial annulment” of two of the three texts forming the controversial ‘mobility package I’ adopted in July (see EUROPE 12524/19).
As regards Directive 2020/1057 on the posting of drivers, first of all, Lithuania alleges breach of the principle of equal treatment on account of the distinction made between cross-border and bilateral road transport operations.
The country also considers that this distinction was introduced without proper evaluation and denounces the “unreasonable administrative burden” imposed on companies.
As for Regulation 2020/1054 on driving and rest periods for drivers, Vilnius considers that it restricts the free movement of workers “by depriving drivers of the choice of where to spend their rest periods” and denounces, in this respect, the “disadvantage” of companies established in peripheral Member States.
Lithuania also considers that requiring drivers to return every four weeks to the employer’s operational centre or place of residence is a violation of EU environmental policy (see EUROPE 12484/2).
Finally, the country submits that no justification was provided for the entry into force of the Regulation 20 days after its publication and alleges breach of the principle of proportionality on the ground, inter alia, that the Regulation does not provide for a transitional period.
Furthermore, the EU Council, as a defendant, is required to lodge a defence by 3 January 2020. (Original version in French by Agathe Cherki)