Judgment of the Court (Grand Chamber) of 4 October 2024 – Republic of Lithuania and Others v European Parliament, Council of the European Union (Mobility package – Posting and working time)
(Joined Cases C-541/20 to C-555/20)
(1)
(Action for annulment - First package of mobility measures (‘Mobility Package’) - Regulation (EU) 2020/1054 - Maximum daily and weekly driving times - Minimum breaks and daily and weekly rest periods - Organisation of the work of the drivers in such a way that the drivers are able to return every three or four weeks, depending on the case, to their place of residence or to the operational centre of their employer to begin and spend their regular or compensatory weekly rest period - Prohibition on taking regular or compensatory weekly rest in the vehicle - Time limit for the installation of second generation (V2) smart tachographs - Date of entry into force - Regulation (EU) 2020/1055 - Conditions relating to the requirement of establishment - Obligation to return the vehicle to the operational centre in the Member State of establishment - Obligation concerning the number of vehicles and drivers normally based at the operational centre of the Member State of establishment - Cabotage - Cooling-off period of four days for cabotage - Derogation for cabotage as part of combined transport operations - Directive (EU) 2020/1057 - Specific rules for posting drivers in the road transport sector - Transposition period - Internal market - Specific regime applicable to the freedom to provide transport services - Common transport policy - Articles 91 and 94 TFEU - Fundamental freedoms - Principle of proportionality - Impact assessment - Principles of equal treatment and non-discrimination - Principles of legal certainty and protection of legitimate expectations - Protection of the environment - Article 11 TFEU - Consultation of the European Economic and Social Committee and the European Committee of the Regions)
(C/2025/2820)
Languages of the case: Bulgarian, Greek, English, Lithuanian, Hungarian, Polish and Romanian
Parties
Applicants: Republic of Lithuania (represented by: K. Dieninis, R. Dzikovič and V. Kazlauskaitė-Švenčionienė, acting as Agents, and by R. Petravičius, advokatas, A. Kisieliauskaitė and G. Taluntyté (C-541/20 and C-542/20)), Republic of Bulgaria (represented initially by: M. Georgieva, T. Mitova and L. Zaharieva, and subsequently by T. Mitova and L. Zaharieva, acting as Agents (C-543/20 to C-545/20)), Romania (represented by: R. Antonie, L.-E. Baţagoi, M. Chicu, E. Gane, R.-I. Haţieganu, L. Liţu and A. Rotăreanu, acting as Agents (C-546/20 to C-548/20)), Republic of Cyprus (represented by: I. Neophytou, acting as Agent (C-549/20 and C-550/20)), Hungary (represented by: M.Z. Fehér and K. Szíjjártó, acting as Agents (C-551/20)), Republic of Malta (represented by A. Buhagiar, acting as Agent, and by D. Sarmiento Ramírez-Escudero and J. Sedano Lorenzo, abogados (C-552/20)), Republic of Poland (represented by: B. Majczyna, M. Horoszko, D. Krawczyk and D. Lutostańska, acting as Agents (C-553/20 to C-555/20))
Defendants: European Parliament (represented initially by: I. Anagnostopoulou, O. Denkov, C. Ionescu-Dima, A. Tamás and S. Toliušis, and subsequently by I. Anagnostopoulou, O. Denkov, C. Ionescu-Dima, W.D. Kuzmienko, B.D. Simon, S. Toliušis and R. van de Westelaken, acting as Agents), Council of the European Union (represented by represented by M. Bencze, I. Gurov, A. Norberg, K. Pavlaki, V. Sanda, A. Sikora-Kaléda, A. Vârnav and L. Vétillard, acting as Agents)
Interveners in support of the applicants: Kingdom of Belgium (represented initially by: S. Baeyens, P. Cottin, L. Delmotte and J.-C. Halleux, C. Pochet and B. Van Hyfte, and subsequently by S. Baeyens, P. Cottin, L. Delmotte, C. Pochet and B. Van Hyfte, acting as Agents (C-552/20)), Republic of Estonia (represented initially by: N. Grünberg and M. Kriisa, and subsequently by M. Kriisa, acting as Agents (C-541/20, C-542/20, C-544/20, C-545/20, C-547/20 to C-552/20, C-554/20 and C-555/20)), Republic of Latvia (represented initially by: K. Pommere, I. Romanovska and V. Soņeca, and subsequently by J. Davidoviča, K. Pommere and I. Romanovskat, acting as Agents (C-541/20 to C-555/20)), Republic of Lithuania (represented by K. Dieninis, R. Dzikovič and V. Kazlauskaitė-Švenčionienė, acting as Agents, and by R. Petravičius, advokatas, A. Kisieliauskaitė and G. Taluntyté (C-545/20, C-547/20, C-549/20, C-551/20, C-552/20 and C-554/20)), Romania (represented by: R. Antonie, L.-E. Baţagoi, M. Chicu E. Gane, R.-I. Haţieganu, L. Liţu and A. Rotăreanu, acting as Agents (C-541/20 to C-545/20 and C-549/20 to C-555/20))
Interveners in support of the defendants: Kingdom of Denmark (represented initially by: J. Nymann-Lindegren, M. Søndahl Wolff and L. Teilgård, and subsequently by V. Pasternak Jørgensen, M. Søndahl Wolff and L. Teilgård, and subsequently by V. Pasternak Jørgensen and M. Søndahl Wolff, and finally by C. Maertens and M. Søndahl Wolff, acting as Agents (C-541/20 to C-555/20)), Federal Republic of Germany (represented initially by: J. Möller and D. Klebs and subsequently by J. Möller, acting as Agents (C-541/20 to C-555/20)), Hellenic Republic (C-542/20, C-543/20, C-545/20 to C-547/20 and C-551/20), French Republic (represented initially by: A.-L. Desjonquères, A. Ferrand and N. Vincent, and subsequently by A.-L. Desjonquères and N. Vincent, and subsequently by R. Bénard, J.-L. Carré, V. Depenne, A.-L. Desjonquères and B. Herbaut, and finally by R. Bénard, M. Guiresse, B. Herbaut and B. Travard, acting as Agents (C-541/20 to C-555/20)), Italian Republic (represented by: G. Palmieri, acting as Agent, and subsequently by S. Fiorentino, acting as Agent, and by A. Lipari and G. Santini, avvocati dello Stato (C-541/20 to C-555/20)) Grand Duchy of Luxembourg (represented initially by: A. Germeaux and T. Uri, and subsequently by A. Germeaux, acting as Agents (C-541/20 to C-555/20)), Kingdom of the Netherlands (represented by: M.K. Bulterman and J. Langer, acting as Agents (C-541/20 to C-555/20)), Republic of Austria (represented by: A. Posch and J. Schmoll, acting as Agents (C-541/20 to C-555/20)), Kingdom of Sweden (represented initially by: H. Eklinder, J. Lundberg, C. Meyer-Seitz, A.M. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson, H. Shev and O. Simonsson, and subsequently by H. Eklinder, C. Meyer-Seitz, A. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson, H. Shev and O. Simonsson, acting as Agents (C-541/20 to C-555/20))
Operative part of the judgment
The Court:
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In Case C-541/20, Lithuania v Parliament and Council:
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Orders the Republic of Lithuania to pay the costs, including those relating to the proceedings for interim measures (Case C-541/20 R);
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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In Case C-542/20, Lithuania v Parliament and Council:
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Annuls point 3 of Article 1 of Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector, in so far as it inserts paragraph 1(b) in Article 5 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;
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Dismisses the remainder of the action;
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Orders the parties to bear their own costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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In Case C-543/20, Bulgaria v Parliament and Council:
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Orders the Republic of Bulgaria to pay the costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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In Case C-544/20, Bulgaria v Parliament and Council:
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Orders the Republic of Bulgaria to pay the costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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In Case C-545/20, Bulgaria v Parliament and Council:
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Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009;
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Dismisses the remainder of the action;
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Orders the parties to bear their own costs, including those relating to the proceedings for interim measures (Case C-545/20 R);
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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In Case C-546/20, Romania v Parliament and Council:
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Orders Romania to pay the costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden to bear their own costs.
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In Case C-547/20, Romania v Parliament and Council:
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Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009;
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Dismisses the remainder of the action;
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Orders the parties to bear their own costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden to bear their own costs.
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In Case C-548/20, Romania v Parliament and Council:
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Orders Romania to pay the costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden to bear their own costs.
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In Case C-549/20, Cyprus v Parliament and Council:
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Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009;
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Orders the Parliament and the Council to pay the costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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In Case C-550/20, Cyprus v Parliament and Council:
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Orders the Republic of Cyprus to pay the costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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In Case C-551/20, Hungary v Parliament and Council:
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Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009;
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Dismisses the remainder of the action;
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Orders the parties to bear their own costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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In Case C-552/20, Malta v Parliament and Council:
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Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009;
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Dismisses the remainder of the action;
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Orders the parties to bear their own costs;
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Orders the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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In Case C-553/20, Poland v Parliament and Council:
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Orders the Republic of Poland to pay the costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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In Case C-554/20, Poland v Parliament and Council:
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Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009;
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Dismisses the remainder of the action;
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Orders the parties to bear their own costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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In Case C-555/20, Poland v Parliament and Council:
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Orders the Republic of Poland to pay the costs;
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Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.
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(1)
OJ C 19, 18.1.2021.
