Judgment — ECLI:EU:C:2011:523
Date: 2011-07-28
Language of the case: German
Court formation: First Chamber
Subject matter: Social Policy;Transport
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Transport – Road transport – Social provisions – Exceptions – Obligation to install and use recording equipment (European Parliament and Council Regulation No 561/2006, Art. 13(1)(d), second indent) The expression ‘materials’ appearing in Article 13(1)(d), second indent, of Regulation No 561/2006 on the harmonisation of certain social legislation relating to road transport, amending Regulations Nos 3821/85 and 2135/98 and repealing Regulation No 3820/85 must be interpreted as not covering packaging materials, such as empty bottles, carried by a wine and drinks merchant who runs a shop, makes deliveries to his customers once a week and, when doing so, collects the empty bottles to take to his wholesaler. The empty bottles carried by that merchant do not constitute goods necessary in carrying out his principal activity. They are not processed or transformed and are neither added to another product nor used in the carrying on of an activity. Nor are they necessary as components, raw materials or ingredients for any product manufactured by such a trader or for works carried out by the latter. Finally, they do not constitute either apparatus or instruments necessary for manufacturing any product. (see paras 26, 41, operative part)