Keywords
Summary

Keywords

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1. Transport - Road transport - Social legislation - Undertaking - Concept

(Council Regulation No 3820/85, Art. 15)

2. Transport - Road transport - Social legislation - Obligation for Member States to penalize breaches of Community rules - Scope - Obligation to introduce into national law criminal liability of legal persons - None - Obligation to establish a system of strict liability - None

(EEC Treaty, Art. 5; Council Regulation No 3820/85, Arts 15 and 17(1) )

Summary

1. The expression "undertaking" appearing in Article 15 of Regulation No 3820/85 on the harmonization of certain social legislation relating to road transport refers to an autonomous natural or legal person, irrespective of legal form, regularly carrying on a transport business and empowered to organize and control the work of drivers and crew members.

2. Since Article 17(1) of Regulation No 3820/85 on the harmonization of certain social legislation relating to road transport provides only that Member States are to lay down penalties for breaches of the rules set out in the said regulation, it cannot be regarded, nor can Article 5 of the EEC Treaty, as requiring Member States to introduce into their national law the principle of criminal liability of legal persons. Infringements of Article 15 of the regulation, which imposes on the undertaking specific obligations to use its best endeavours, which are different from the obligations imposed on drivers, may be restrained by the application of provisions consistent with the basic principles of national criminal law, provided that the resulting penalties are effective, proportionate and dissuasive.

Moreover, since Member States retain a discretion in the choice of penalties, provided that they are appropriate, they are neither required to, nor precluded from, introducing a system of strict liability of the undertaking in the event of its employees' failing to comply with their obligations.