Request for a preliminary ruling from the Retten i Kolding (Denmark) lodged on 27 May 2025 – Anklagemyndigheden v T

(Case C-353/25, Tværkilde  (1) )

(C/2025/4039)

Language of the case: Danish

Referring court

Retten i Kolding

Parties to the main proceedings

Applicant: Anklagemyndigheden

Defendant: T

Question referred

Must Article 1(3) of Commission Regulation (EU) 2016/403 (2) of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council, as amended by Commission Implementing Regulation (EU) 2022/694 of 2 May 2022  (3) amending Regulation (EU) 2016/403 as regards new serious infringements of the Union rules which may lead to the loss of good repute by the road transport operator

be interpreted as meaning that the national authority competent to decide on the withdrawal of a road transport authorisation is obliged to apply Regulation 2016/403 in connection with its assessment of whether an undertaking with a road transport authorisation satisfies the requirement of good repute laid down in Article 3(1)(b) of Regulation No 1071/2009 in a situation where

(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)   OJ 2016 L 74, p. 8.

(3)   OJ 2022 L 129, p. 22.