Judgment — ECLI:EU:C:2013:631
Date: 2013-10-03
Language of the case: Swedish
Court formation: Sixth Chamber
Subject matter: Social Policy;Transport
Procedure: Reference for a preliminary ruling
Origin: Sweden

Summary — Judgment of the Court (Sixth Chamber), 3 October 2013 1. Transport — Road transport — Social provisions — Exceptions — Obligation to install and use a tachograph — Concept of the non-commercial carriage of goods — Interpretation — Taking account of the context and usual meaning of the terms (European Parliament and Council Regulation No 561/2006, Art. 3(h)) 2. Transport — Road transport — Social provisions — Exceptions — Obligation to install and use a tachograph — Concept of the non-commercial carriage of goods — Taking account of the terms of the provision in question and the objectives pursued — Observance of the principle of proportionality (European Parliament and Council Regulation No 561/2006, Art. 3(h)) 3. Transport — Road transport — Social provisions — Exceptions — Obligation to install and use a tachograph — Concept of the non-commercial carriage of goods — Interpretation — Carriage of goods by a private individual as part of his leisure activity as an amateur rally driver — Included — Financed in part by sponsorship from third parties — No effect (European Parliament and Council Regulation No 561/2006, Art. 3(h)) 1. See the text of the decision. (see para. 18) 2. See the text of the decision. (see paras 19, 20) 3. The concept of ‘non-commercial carriage of goods’ laid down in Article 3(h) of Regulation No 561/2006 on the harmonisation of certain social legislation relating to road transport and amending Regulations No 3821/85 and No 2135/98 must be interpreted as covering the carriage of goods by a private individual for his own purposes purely as part of his hobby where that hobby is in part financed by financial contributions from external persons or undertakings and where no payment is made for that carriage per se. Firstly, the non-commercial carriage of goods designates, in particular, the carriage of goods by a private individual as part of a recreational activity outside his professional activity. Secondly, the regulation aims to improve social conditions for employees who are covered by it, enabling compliance with driving times and drivers’ rest periods to be monitored. In consequence, the provisions of that regulation apply essentially to professional drivers and not to individuals driving for private purposes who are not professional heavy goods vehicle drivers and do not supply transport services but who transport for their own purposes, solely as part of a hobby, their own rally car which they drive as amateur rally drivers. (see paras 24, 25, 28, 29, 31, 39, operative part)