CJEU has annuled Truck Return Rule in Mobility Package

Court Ruling on the Mobility Package

Today on 04 of October 2024, The Court of Justice of the EU in Luxembourg has annulled a crucial provision of the Mobility Package, the requirement for trucks to return to their registered base every eight weeks, a key provision in the EU’s controversial Mobility Package. This decision marks a significant moment in the ongoing debate over transportation regulations and labor rights within the European Union, highlighting the deep-seated tensions between Western and Eastern member states.

The Mobility Package, adopted in 2020, was designed to imprve the working conditions of truck drivers and address unfair competition practices within the transport sector. It introduced various measures, including regulations on driver rest periods and wage standards, which were intended to protect workers’ rights. While Western European nations largely supported these reforms as necessary safeguards for labor rights, many Central and Eastern European countries viewed them as protectionist barriers that favored Western firms at the expense of their own transport businesses.

The CJEU’s ruling comes after several Eastern European nations, including Lithuania, Bulgaria, Romania, Cyprus, Hungary, Malta, and Poland, lodged legal challenges against the Mobility Package. They argued that certain provisions, particularly the controversy requirement for trucks to return home every eight weeks, imposed undue burdens on their international transport companies.

This ruling marks a significant moment in the ongoing debate over how to balance fair competition and worker rights in the EU’s transport sector.

End of 8 weeks

In a significant ruling, the Court of Justice of the European Union (CJEU) has largely upheld the validity of the Mobility Package, a set of reforms aimed at regulating the trucking industry across Europe. However, the court has annulled the controversial requirement mandating trucks to return to their operational base every eight weeks.

The court’s decision to annul the eight-week return rule is seen as a victory for these Eastern European countries. The CJEU concluded that the EU legislature had not provided sufficient evidence to justify the proportionality of this measure, effectively relieving companies from low-cost countries of significant operational costs associated with the frequent return of vehicles.

Cabotage and other rules remain the same

In addition to the annulment the return rule, the court, among other things, also reviewed other constested provisions  of the Mobility Package, such as the requirement for transport companies to install second-generation smart tachographs and the rules on cabotage operations – transport performed by a foreign carrier in a host country.  While the CJUE upheld most of the Mobility Package, the annulment of the vehicle return rule marks a significant change for Central and Eastern European transport companies. Previously, trucks returning every eight weeks often traveled without cargo, contributing to greenhouse gas emissions on par with some EU countries. We ’ll keep you informed of any further updates on this topic!

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You can find this article on Mobility package and others linked to it in our dedicated section, by clicking here: Posting rules

 
 
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