Judgment — ECLI:EU:C:2005:188
Date: 2005-03-17
Language of the case: Dutch
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy;Transport
Concepts: Social legislation
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment Transport – Road transport – Social legislation – Exceptions – Requirement to install and use a tachograph – Exceptions for vehicles carrying material and equipment – Meaning – Goods which are required for the performance of the work involved in the main activity of the driver – Main activity which is not driving the vehicle – Included (Council Regulations No 3820/85, Art. 13(1)(g), and No 3821/85, Art. 3(2)) The terms ‘material or equipment’ in Article 13(1)(g) of Regulation No 3820/85 on the harmonisation of certain social legislation relating to road transport must, in the context of the exemption scheme provided for in Article 3(2) of Regulation No 3821/85 on recording equipment in road transport, be construed as covering not only ‘tools and instruments’, but also the goods, such as building materials or cables, which are required for the performance of the work involved in the main activity of the driver of the vehicle concerned. Such an activity, which for the purposes of Article 13(1)(g) cannot consist of driving the vehicle, must constitute the main activity of that driver and not that of the undertaking concerned. (see paras 16, 24, operative part)