a)

Article 1(3) in so far as it adds paragraph 1(b) and (g) to Article 5 of Regulation 1071/2009) (1),

b)

Article 2(4)(a), in so far as it adds a paragraph 2a to Article 8 of Regulation 1072/2009 (2),

c)

Article 2(5)(b), in so far as it adds a paragraph 7 to Article 10 of Regulation 1072/2009;

a)

infringement of the principle of proportionality (Article 5(4) TEU), Article 91(2) TFEU and Article 94 TFEU by making it compulsory to return vehicles to their operating base every eight weeks,

b)

infringement of Article 11 TFEU and Article 37 of the Charter of Fundamental Rights of the European Union by failing to take account of environmental protection requirements;

a)

infringement of the principle of proportionality (Article 5(4) TEU) by introducing arbitrary requirements concerning the number of vehicles that road hauliers should have at their disposal and concerning the location of drivers in the operating base in the country of establishment,

b)

infringement of the principle of legal certainty by introducing inaccurate requirements regarding the number of vehicles that road hauliers should have at their disposal and regarding the location of drivers in the operating base in the country of establishment,

c)

infringement of Article 11 TFEU and Article 37 of the Charter by failing to take account of environmental protection requirements;

a)

infringement of the principle of proportionality (Article 5(4) TEU), Article 91(2) TFEU and Article 94 TFEU by introducing a mandatory interruption of cabotage operations,

b)

infringement of Article 11 TFEU and Article 37 of the Charter by failing to take account of environmental protection requirements;

a)

infringement of the principle of proportionality (Article 5(4) TEU), Article 91(2) TFEU and Article 94 TFEU by allowing Member States to impose restrictions on the performance of cabotage operations involving initial or final road sections which form part of combined transport operations between Member States;

b)

infringement of Article 11 TFEU and Article 37 of the Charter by failing to take account of environmental protection requirements.

In particular, the Republic of Poland claims that the contested provisions infringe the principle of proportionality. As a result of the adoption of inappropriate criteria for restricting the possibility of carrying out cabotage and cross-trade operations, excessive burdens have been imposed on carriers which will have a negative impact not only on the situation of individual undertakings, the market for transport services, but also on the environment and the functioning of the transport infrastructure.

In particular, entrepreneurs from countries outside the centre of the European Union will be affected by the application of the contested provisions. At the same time, the solutions adopted are not objectively justified in the light of the drivers’ situation. Nor do they reflect the specific nature of the regulated services.