# C_2020283EN.01000401.xml

| 27.8.2020 | EN | Official Journal of the European Union | C 283/4 |
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27.8.2020

EN

Official Journal of the European Union

C 283/4

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JUDGMENT OF THE COURT

of 4 May 2020

in Case E-6/19

Criminal proceedings against H and I

(Regulation (EC) No 561/2006 – Article 13(1)(m) – Specialised vehicles transporting money and/or valuables – Empty journeys – Escort vehicles)

(2020/C 283/04)

In Case E-6/19, Criminal proceedings against H and I – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Princely Court of Appeal (Fürstliches Obergericht) concerning the interpretation 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, the Court, composed of Páll Hreinsson, President, Per Christiansen (Judge-Rapporteur) and Bernd Hammermann, Judges, gave judgment on 4 May 2020, the operative part of which is as follows:

| 1. | a) | The exception for carriage by specialised vehicles transporting money and/or valuables under Article 13(1)(m) of Regulation (EC) No 561/2006 must also apply to empty journeys, meaning those journeys undertaken before the loading and after the unloading of such vehicles. |
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1.

a)

The exception for carriage by specialised vehicles transporting money and/or valuables under Article 13(1)(m) of Regulation (EC) No 561/2006 must also apply to empty journeys, meaning those journeys undertaken before the loading and after the unloading of such vehicles.

| b) | An escort vehicle is covered by the exception in Article 13(1)(m) of Regulation (EC) No 561/2006 if the escort vehicle forms an integral and necessary part of the specialised vehicle’s transport of money and/or valuables. |
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b)

An escort vehicle is covered by the exception in Article 13(1)(m) of Regulation (EC) No 561/2006 if the escort vehicle forms an integral and necessary part of the specialised vehicle’s transport of money and/or valuables.

| 2. | Penalties under Article 19 of Regulation (EC) No 561/2006 may neither be imposed, nor are necessary or proportionate, if the journeys at issue were undertaken by specialised vehicles transporting money and/or valuables on the territory of other EEA States where those EEA States have granted an exception under Article 13(1)(m) of Regulation (EC) No 561/2006, and any individual conditions to such exceptions are complied with, since no infringement has taken place. |
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2.

Penalties under Article 19 of Regulation (EC) No 561/2006 may neither be imposed, nor are necessary or proportionate, if the journeys at issue were undertaken by specialised vehicles transporting money and/or valuables on the territory of other EEA States where those EEA States have granted an exception under Article 13(1)(m) of Regulation (EC) No 561/2006, and any individual conditions to such exceptions are complied with, since no infringement has taken place.

| 3. | Article 6(5) of Regulation (EC) No 561/2006 does not require a driver of a specialised vehicle transporting money and/or valuables to record any time spent as described in Article 4(e) of Regulation (EC) No 561/2006 and time spent driving as ‘other work’, where the EEA State has granted an exception under Article 13(1)(m) of Regulation (EC) No 561/2006. |
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3.

Article 6(5) of Regulation (EC) No 561/2006 does not require a driver of a specialised vehicle transporting money and/or valuables to record any time spent as described in Article 4(e) of Regulation (EC) No 561/2006 and time spent driving as ‘other work’, where the EEA State has granted an exception under Article 13(1)(m) of Regulation (EC) No 561/2006.

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