30 Août Reference for a preliminary ruling – Road transport – Social legislation.
Reference for a preliminary ruling – Road transport – Social legislation – Regulation (EC) No 561/2006 – Exceptions – Article 13(1)(b) – Notion of ‘a radius of up to 100 kilometres (km) from the base of the undertaking’ – Vehicles effecting carriage within and also outside of that radius.
ECJ, 7 July 2022, Case C-13/21, Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR).
https://curia.europa.eu/juris/document/document.jsf?text=&docid=262424&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=435615
The notion of a ‘radius of up to 100 [kilometres (km)] from the base of the undertaking’, within the meaning of Article 13(1)(b) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85, as amended by Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020, must be understood as referring to a straight line not exceeding 100 km, drawn on the map from that base and joining the base to any point in a circular geographical area surrounding that same base.
Article 13(1)(b) of Regulation No 561/2006, as amended by Regulation 2020/1054, must be interpreted as meaning that, where a Member State has granted, on the basis of that provision, exceptions from Articles 5 to 9 of that regulation, which are applicable to the carriage of goods by vehicles covered by that provision, and where those vehicles carry those goods not only within a radius of up to 100 km from the base of the undertaking concerned, but also outside of that radius, those exceptions are applicable only to the carriage of goods by those vehicles which does not occur outside of that radius.
