# C_2022318EN.01000601.xml

| 22.8.2022 | EN | Official Journal of the European Union | C 318/6 |
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22.8.2022

EN

Official Journal of the European Union

C 318/6

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Judgment of the Court (Eighth Chamber) of 7 July 2022 (request for a preliminary ruling from the Judecătoria Miercurea Ciuc — Romania) — Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR)

(Case C-13/21) (1)

(Reference for a preliminary ruling - Road transport - Social legislation - Regulation (EC) No 561/2006 - Exceptions - Article 13(1)(b) - Notion of ‘a radius of up to 100 kilometres (km) from the base of the undertaking’ - Vehicles effecting carriage within and also outside of that radius)

(2022/C 318/07)

Language of the case: Romanian

Referring court

Judecătoria Miercurea Ciuc

Parties to the main proceedings

Applicant: Pricoforest SRL

Defendant: Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR)

Operative part of the judgment

| 1. | The notion of a ‘radius of up to 100 [kilometres (km)] from the base of the undertaking’, within the meaning of Article 13(1)(b) 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, as amended by Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020, must be understood as referring to a straight line not exceeding 100 km, drawn on the map from that base and joining the base to any point in a circular geographical area surrounding that same base. |
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1.

The notion of a ‘radius of up to 100 [kilometres (km)] from the base of the undertaking’, within the meaning of Article 13(1)(b) 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, as amended by Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020, must be understood as referring to a straight line not exceeding 100 km, drawn on the map from that base and joining the base to any point in a circular geographical area surrounding that same base.

| 2. | Article 13(1)(b) of Regulation No 561/2006, as amended by Regulation 2020/1054, must be interpreted as meaning that, where a Member State has granted, on the basis of that provision, exceptions from Articles 5 to 9 of that regulation, which are applicable to the carriage of goods by vehicles covered by that provision, and where those vehicles carry those goods not only within a radius of up to 100 km from the base of the undertaking concerned, but also outside of that radius, those exceptions are applicable only to the carriage of goods by those vehicles which does not occur outside of that radius. |
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2.

Article 13(1)(b) of Regulation No 561/2006, as amended by Regulation 2020/1054, must be interpreted as meaning that, where a Member State has granted, on the basis of that provision, exceptions from Articles 5 to 9 of that regulation, which are applicable to the carriage of goods by vehicles covered by that provision, and where those vehicles carry those goods not only within a radius of up to 100 km from the base of the undertaking concerned, but also outside of that radius, those exceptions are applicable only to the carriage of goods by those vehicles which does not occur outside of that radius.

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(1)  OJ C 128, 12.4.2021.

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