Judgment of the Court (Eighth Chamber) of 7 May 2020 (request for a preliminary ruling from the Landesverwaltungsgericht Niederösterreich — Austria) — VO v Bezirkshauptmannschaft Tulln

(Case C-96/19) (1)

(Reference for a preliminary ruling - Road transport - Working days and rest days - Digital tachographs - Regulation (EU) No 165/2014 - Working days not recorded on a driver card and no record sheets kept - National legislation requiring the driver to present an attestation from his employer in such circumstances - Validity of the form annexed to Decision 2009/959/EU)

(2020/C 240/22)

Language of the case: German

Referring court

Landesverwaltungsgericht Niederösterreich

Parties to the main proceedings

Appellant: VO

Respondent: Bezirkshauptmannschaft Tulln

Operative part of the judgment

The second subparagraph of Article 34(3) of Regulation (EU) No 165/2014 of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport is to be interpreted such that the prohibition it contains does not encompass national legislation under which the driver of a vehicle fitted with a digital tachograph is required to produce, as secondary evidence of his activities, in the absence of automatic and manual tachograph records, an attestation of activities drawn up by his employer in accordance with the form annexed to Commission Decision 2009/959/EU of 14 December 2009 amending Decision 2007/230/EC on a form concerning social legislation relating to road transport activities;

2.	There is nothing arising from the examination of the second question which might affect the validity of the Commission form annexed to Decision 2009/959.

(1) OJ C 172, 20.5.2019.