On October 4, 2024, the European Court of Justice declared the regular return obligation for trucks null and void.
The End of the Regular Return Obligation
On October 4, 2024, the European Court of Justice declared the regular return obligation for trucks null and void. The Mobility Package I (Regulations 2020/1054, 2020/1055, and 2020/1057) was otherwise confirmed.
Facts of the Case:
In 2020, Lithuania, Bulgaria, Romania, Cyprus, Hungary, Malta, and Poland filed a lawsuit against the Mobility Package I before the European Court of Justice. In total, fifteen new regulations were challenged, including cabotage regulations, posting rules for drivers, minimum requirements for foreign branches, and, in particular, the regular return obligation to one of the operating sites in the Member State where the transport company is established.
Judgment:
The European Court of Justice followed the recommendation of the Advocate General and declared the regular return obligation null and void. According to previous EU regulations, trucks were required to return to the country where the transport company is based every eight weeks. The court justified its decision by stating that the EU legislator had not provided sufficient information to assess the proportionality of the return obligation.
In particular, there was no impact assessment of the additional CO² emissions resulting from empty runs to the home country. Therefore, the return obligation contradicts the climate policy goals of the European Union. Moreover, the return requirement disadvantages transport companies from Member States located at the external borders of the European Union or on islands. For countries like Cyprus or Malta, the return obligation represents a much greater burden than for companies from Central Europe.
The validity of the other contested provisions of the Mobility Package was confirmed by the European Court of Justice.
Implications for Transport
With the annulment of the truck return obligation, the legal basis for imposing fines for violations of the return requirement has been removed. Currently, there are no plans by the EU Commission to introduce a new regulation on return obligations.
Recommendations and Advice
We recommend that all transport companies familiarize themselves with the rules of the Mobility Package to be aware of their rights and obligations. Furthermore, any changes and recent court rulings should be considered in all business transactions to ensure compliance with the current legal framework.
Grau Rechtsanwälte PartGmbB advises and represents freight forwarders and carriers, as well as transport and liablity insurers, from both domestic and international markets, in the area of transport law.
If you have any further questions, please contact our law firm on +49 (0) 40 180 364 020 or office@graulaw.eu.
