Case C‑287/14

Eurospeed Ltd

v

Szegedi Törvényszék

(Request for a preliminary ruling from the Gyulai törvényszék)

‛Reference for a preliminary ruling — Road transport — Regulation (EC) No 561/2006 — Driver’s liability for infringements of the obligation to use a tachograph’

Summary — Judgment of the Court (Sixth Chamber), 9 June 2016

Transport — Road transport — Social provisions — Regulation No 561/2006 — National legislation under which the driver is liable for an infringement of that regulation instead of or in addition to the transport undertaking employing him — Lawfulness

(European Parliament and Council Regulation No 561/2006)

Regulation No 561/2006 on the harmonisation of certain social legislation relating to road transport and amending Regulations No 3821/85 and No 2135/98 and repealing Regulation No 3820/85 must be interpreted as not precluding national legislation which, instead of or in addition to the transport undertaking employing the driver, holds the driver liable for infringements of that regulation which he has himself committed.

In the first place, Article 19(2) of that regulation provides that a Member State is to enable the competent authorities to impose a penalty on an undertaking and/or a driver for an infringement of the regulation detected on its territory for which a penalty has not already been imposed. It is therefore clear from the wording of that provision that Regulation No 561/2006 makes both transport undertakings and drivers subject to specific obligations and holds them both liable for infringements of their respective obligations. Moreover, in accordance with the first sentence of Article 19(2) of the regulation, that possibility of imposing penalties for infringements of the regulation extends to infringements committed outside the territory of the Member State concerned.

The same conclusions follow, in the second place, from Article 10(3) of that regulation.

Finally, while Regulation No 561/2006 does indeed aim to improve the working conditions of employees in the road transport sector, there is no reason to suppose that the European Union legislature intended to free drivers from all liability for the infringements they commit, in particular where the infringements relate exclusively to the performance of their work. In addition, the two objectives of the regulation, namely improving working conditions and improving road safety, are both reflected in the obligation in principle to fit vehicles used in road transport with approved recording equipment making it possible to monitor compliance with drivers’ driving times and rest periods. An interpretation of that regulation as excluding the possibility of imposing penalties on drivers to punish infringements by them of their obligations under the regulation would obstruct the achievement of the objective of improving road safety generally.

(see paras 31-33, 37-39, 41, operative part)