Opinion of the Advocate General — ECLI:EU:C:2002:578
Date: 2002-10-10
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy;Transport
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 
1. Preliminary rulings — Jurisdiction of the Court — Interpretation of an international 
agreement concluded by the Member States acting in the interest and on behalf of the 
Community — European Agreement concerning the work of crews of vehicles 
engaged in international road transport (AETR) 
(Art. 234 EC; European Agreement concerning the work of crews of vehicles engaged 
in international road transport (AETR); Council Regulation No 2829/77) 
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SUMMARY — CASE C-439/01 
2. Transport — Road transport — Social legislation — Rest periods in the case of 
transport by more than one driver — Application of Article 8(2) of Regulation 
No 3820/85 as a lex specialis that prevails over paragraph 1 of that article — 
Interpretation applicable to Article 8(1) and (2) of the European Agreement concerning 
the work of crews of vehicles engaged in international road transport (AETR) 
(European Agreement concerning the work of crews of vehicles engaged in inter­
national road transport (AETR), Art. 8(1) and (2); Council Regulation No 3820/85, 
Art. 8(1) and (2)) 
3. Transport — Road transport — Social legislation — Rest periods in the case of 
transport by more than one driver — Assessment of the validity of Article 8(1) and (2) 
of Regulation No 3820/85 in the light of the principle of legal certainty — Analogous 
interpretation of Article 8(1) and (2) of the European Agreement concerning the work 
of crews of vehicles engaged in international road transport (AETR) 
(European Agreement concerning the work of crews of vehicles engaged in inter­
national road transport (AETR), Art. 8(1) and (2); Council Regulation No 3820/85, 
Art. 8(1) and (2)) 
1. The European Agreement concerning 
the work of crews of vehicles engaged 
in international road transport (AETR) 
forms part of Community law and the 
Court has jurisdiction to interpret it. It 
follows from the fourth recital of the 
preamble to Regulation No 2829/77, 
whereby that agreement was brought 
into force in the Community, that in 
ratifying or acceding to that agreement, 
the Member States acted in the interest 
and on behalf of the Community. 
(see paras 23-24) 
2. In the case of transport by more than 
one driver, Article 8(2) of Regulation 
No 3820/85 on the harmonisation of 
certain social legislation relating to 
road transport applies as a lex specialis 
that prevails over paragraph 1 of that 
article. The interpretation that the rest 
periods of a crew consisting of more 
than one driver are governed by 
Article 8(2) of Regulation No 3820/85 
but not by paragraph 1 of that article is 
consistent with both the wording of 
those provisions and the primary objec­
tive of that regulation, namely the 
improvement of road safety and also 
drivers' working conditions. That 
interpretation is also corroborated by 
the rule set out in the first sentence of 
paragraph 3 of that article, which 
provides that, in the course of each 
week, 'one of the rest periods referred 
to in paragraphs 1 and 2 shall be 
extended... to a total of 45 consecutive 
hours'. Consequently, those provisions 
are not to be applied cumulatively. As 
the textual, teleological and contextual 
factors are common to Article 8 of 
Regulation No 3820/85 and to Article 8 
of the European Agreement concerning 
the work of crews of vehicles engaged 
in international road transport 
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CIPRA AND KVASMCKA 
(AETR), the same interpretation also 
applies to Article 8(1) and (2) of that 
agreement. 
(see paras 34-41, 
operative part 1-2) 
3. Examination of Article 8(1) and (2) of 
Regulation No 3820/85 on the har­
monisation of certain social legislation 
relating to road transport in the light of 
the principle of legal certainty has 
failed to disclose any matters of such 
a kind as to affect its validity, because 
the requirements on rest periods which 
apply to crews consisting of a single 
driver or of at least two drivers are 
apparent with sufficient clarity from 
the wording of that article and also 
from its context and the objectives 
pursued by the legislation of which it 
forms part. A similar finding may be 
made in respect of Article 8(1) and (2) 
of the European Agreement concerning 
the work of crews of vehicles engaged 
in international road transport 
(AETR). 
(see paras 48-49, 
operative part 4) 
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