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Document 62016CN0541

    Case C-541/16: Action brought on 25 October 2016 — European Commission v Kingdom of Denmark

    OJ C 6, 9.1.2017, p. 30–30 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    9.1.2017   

    EN

    Official Journal of the European Union

    C 6/30

    Action brought on 25 October 2016 — European Commission v Kingdom of Denmark

    (Case C-541/16)

    (2017/C 006/37)

    Language of the case: Danish

    Parties

    Applicant: European Commission (represented by: L. Grønfeldt and J. Hottiaux, acting as Agents)

    Defendant: Kingdom of Denmark

    Form of order sought

    —

    Declare that the Kingdom of Denmark has failed to fulfil its obligations under Article 2(6) Regulation (EC) No 1072/2009 (1) on common rules for access to the international road haulage market;

    —

    order Kingdom of Denmark to pay the costs.

    Pleas in law and main arguments

    —

    The Commission submits that Article 8(2) of Regulation (EC) No 1072/2009 regulates exhaustively how hauliers may to carry out cabotage operations on the terms laid down in that article. The provision does not provide for a maximum number of loading and/or unloading sites within the same cabotage operation. The limit of a maximum of three cabotage operations does not mean that a cabotage operation must include a set number of loading and/or unloading sites.

    —

    Under the Danish rules cabotage can consist either of a number of loading sites or a number of unloading sites, but not both. The Danish rules preclude non-resident hauliers from carrying out cabotage operations consisting of a number of loading and unloading sites, which constitutes a restriction on how those hauliers may carry out cabotage operations in Denmark as provided for under Regulation (EC) No 1072/2009.

    (1)  Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ 2009 L 300, p. 72).

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