Judgment of the Court (Sixth Chamber) of 3 October 2013 (request for a preliminary ruling from the Svea hovrätt — Sweden) — Criminal proceedings against Daniel Lundberg

(Case C-317/12) (1)

(Road transport - Regulation (EC) No 561/2006 - Obligation to install recording equipment - Derogations in respect of the non-commercial carriage of goods - Concept - Carriage of goods by a private individual as part of his leisure activity as an amateur rally driver, financed in part by sponsorship from third parties)

2013/C 344/56

Language of the case: Swedish

Referring court

Svea hovrätt

Party in the main criminal proceedings

Daniel Lundberg

Re:

Request for a preliminary ruling — Svea hovrätt — Interpretation of Article 3(1) of Council Regulation (EEC) No 3821/85 of 20 December 1985 concerning the interpretation of the concept of ‘non-commercial carriage of goods’ within the meaning of Article 3(h) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ 2006 L 102, p. 1) — Derogation from the obligation to install and use a tachograph on board vehicles weighing less than 7.5 tonnes — Carriage of goods for non-commercial purposes — Carriage of goods by a private individual as part of his leisure activity as an amateur rally driver, financed in part by sponsorship from private individuals or from companies

Operative part of the judgment

The concept of ‘non-commercial carriage of goods’ laid down in Article 3(h) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 must be interpreted as covering the carriage of goods by a private individual for his own purposes purely as part of his hobby where that hobby is in part financed by financial contributions from external persons or undertakings and where no payment is made for that carriage per se.

(1)  OJ C 258, 25.8.2012.