Romanian hauliers win partial victory at CJEU against alleged discriminatory regulations
<p>The Court of Justice of the European Union (CJEU) announced on Friday, October 4, that it canceled the obligation provisioned in the Mobility Package for vehicles to return every eight weeks to the company's operational center – one of the most criticized provisions, <a href="https://economedia.ro/curtea-de-justitie-a-ue-a-anulat-partial-pachetul-mobilitate-dispare-obligatia-ca-transportatorii-sa-intoarca-acasa-camioanele-la-8-saptamani-contestata-de-transportatorii-romani.html?mc_cid=1808669aad&amp;mc_eid=cd1f92f96c" rel="noopener" target="_blank">Economedia.ro</a> reported. &nbsp;</p>

<p>However, the CJEU preserved the other provisions contested by Romania and the member states.&nbsp;</p>

<p>Member States, including Romania, contested several provisions, claiming to be discriminatory regulations aimed at impeding the free competition on Europe's market.</p>

<p>Romania, Lithuania, Bulgaria, Cyprus, Hungary, Malta, and Poland brought annulment actions at the Court of Justice against the Mobility Package adopted by the European Union legislators, namely the Parliament and the Council, in 2020.</p>

<p>Among the provisions not rejected by the CJEU there are:</p>

<p>-The prohibition imposed on drivers to take their regular or compensatory weekly rest in their vehicle;</p>

<p>-The obligation of transport undertakings to organize the activity of drivers in such a way that they can return, during working hours, every three or four weeks to the operational center of the undertaking or to their place of residence to start or carry out there at least regular or compensatory weekly rest;</p>

<p>-The four-day waiting period during which, after a cabotage cycle carried out in a host Member State, (non-resident) carriers are not authorized to carry out cabotage operations with the same vehicle in the same Member State;</p>

<p>-The classification of drivers as "posted workers" when carrying out cabotage operations, transport operations from one Member State to another where neither is the Member State of the establishment of the transport undertaking (so-called "cross trade" operations ) or certain combined transport operations, so that they benefit from the employment conditions in force in the host Member State, in particular as regards remuneration.</p>

<p><em>iulian@romania-insider.com</em></p>

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