Judgment of the Court (Third Chamber) of 29 April 2010 (reference for a preliminary ruling from the Raad van State — Netherlands) — Smit Reizen BV v Minister van Verkeer en Waterstaat

(Case C-124/09) (1)

(Reference for a preliminary ruling - Regulations (EEC) Nos 3820/85 and 3821/85 - Road transport - Obligation to record - Rest periods and other periods of work - Time spent in travelling to the place where a vehicle fitted with recording equipment is taken over - Meaning of ‘operating centre’)

(2010/C 161/19)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicant: Smit Reizen BV

Defendant: Minister van Verkeer en Waterstaat

Re:

Reference for a preliminary ruling — Raad van State — Interpretation of Article 1 of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (OJ 1985 L 370, p. 1) and of Article 15 of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ 1985 L 370, p. 8) — Breaks from driving, daily rest periods and working time — Meaning — Obligation to record — Time spent in travelling to the place where the vehicle is taken over and which is at a distance from the operating centre of the undertaking — Operating centre — Meaning — Driver brought to the place by a third party

Operative part of the judgment

1.

The term ‘operating centre’, in paragraph 21 et seq. of the judgment in Case C-297/99 Skills Motor Coaches and Others must be defined as the place to which the driver is actually attached, namely the transport undertaking facilities from which he usually carries out his service and to which he returns at the end of that service, in the normal exercise of his functions and without complying with specific instructions from his employer.

2.

Whether the driver concerned drives himself to the place where he must take over a vehicle fitted with recording equipment or whether he is driven to that place by someone else has no bearing on the classification of the travelling time in the light of the concept of ‘rest’ within the meaning of Article 1(5) of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport.

---

(1)  OJ C 129, 6.6.2009.