Order — ECLI:EU:C:2019:296
Date: 2019-04-10
Language of the case: Portuguese
Court formation: Sixth Chamber
Subject matter: Social Policy;Transport
Procedure: Reference for a preliminary ruling
Origin: Portugal

Translation C-834/18 — 1 
Case C-834/18 
Request for a preliminary ruling 
Date lodged: 
28 December 2018 
Referring court: 
Tribunal Judicial da Comarca de Faro (Portugal) 
Date of the decision to refer: 
17 December 2018 
Applicant: 
Rolibérica Lda 
Respondent: 
Autoridade para as Condições do Trabalho 
  
Request for a preliminary ruling 
I. Referring court: 
1 Filipe Aveiro Marques, presiding judge of the Juízo do Trabalho de Portimão 
(Portimão Employment Court) of the Tribunal Judicial da Comarca de Faro (Faro 
District Court) refers the present request for a preliminary ruling to the Court of 
Justice of the European Union ... pursuant to Article 267 of the Treaty on the 
Functioning of the European Union. 
II. The parties to the dispute in the main proceedings and their 
representatives 
2 The parties to the proceedings are: 
a. Rolibérica, Lda., defendant/applicant ... [the party’s identification and 
address]; 
EN 
REQUEST FOR A PRELIMINARY RULING OF 17. 12. 2018 — CASE C-834/18 
 
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b. Autoridade para as Condições do Trabalho (Working Conditions 
Authority), 1 as respondent, 
3 ... 
... ... [Identification of the parties’ representatives] 
III. Subject matter of the dispute in the main proceedings and relevant 
facts 
4 A driver employed by Rolibérica, Lda. was subjected to a roadside check by a 
supervisory policing authority, and a file was opened in respect of an infringement 
of the weekly rest period laid down in Regulation (EC) No 561/2006, after an 
inspection of the records of his driver card. 
5 In his oral submissions, the legal representative of the defendant, Rolibérica, Lda., 
stated, in essence, that the driver’s weekly rest period must be calculated from the 
end of the working day on Saturday until Monday afternoon when the working 
week recommences. 
6 The Portimão office of the Working Conditions Authority, relying on the 
definition of a week laid down in Article 4(i) of Regulation (EC) No 561/2006, 
only calculated each weekly rest period of the driver up to 24:00 on Sunday and, 
consequently, since three serious offences were established, imposed a penalty on 
Rolibérica, Lda. of EUR 714.00 for each of those infractions, making a total 
single fine of EUR 2 142.00. 
7 Rolibérica, Lda. filed an application with this court to set that conviction aside. 
8 The defendant/applicant claims that this court should uphold the application and 
acquit it of the offences. 
9 To that end, it argues that it is immaterial that the weekly rest period goes beyond 
the end of the week if the rest period is taken in full and without interruption 
between each week worked. 
10 The defendant/applicant’s challenge concerns only the legal interpretation applied 
by the administrative authority which imposed the fine. 
11 In essence, without any need for a hearing, the following facts have been 
established for the purposes of the present request for a preliminary ruling from 
the Court of Justice of the European Union: 
 
1 A central department under the direct administration of the Portuguese State with administrative 
autonomy, responsible for improving working conditions by enforcing compliance with labour 
standards, monitoring compliance with health and safety legislation in the workplace and 
promoting occupational risk prevention policies, in the context of both private employment 
relationships and the public sector — Regulatory Decree No 47/2012 de 31 July 2012. ... 
ROLIBÉRICA 
 
3 
1. The primary commercial activity of Rolibérica, Lda. is road freight 
transport. 
2. In 2017, its turnover was EUR 1 409 186.00 and it employed 17 
workers, 15 of whom were drivers of heavy goods vehicles. 
3. In November 2014, ... was employed by the defendant as a heavy 
goods vehicle driver. 
4. On 5 July 2017, at 07:50, the defendant’s heavy goods vehicle, with 
registration number 87-CD-23, was being driven along IC-1, km 720, 
in Silves, by ... 
5. At that time, date and place, … was carrying out his duties as a driver 
in the aforementioned vehicle, owned by the defendant, under its 
instructions, guidance and supervision. 
6. At that time, date and place, an inspection was carried out by the 
Guarda Nacional Republicana (National Republican Guard) — 
Comando Territorial de Faro (Faro Territorial Command). 
7. When the tachograph records were inspected, the following was 
reported: 
a. In the week from 12 to 18 June 2017, the driver began his weekly 
rest period at 09:27 on 17 June 2017 until 24:00 on 18 June 2017 
(Sunday), totalling 38 hours and 33 minutes’ rest. 
b. In the week from 19 to 25 June 2017, the driver began his weekly 
rest period at 06:16 on 24 June 2017 until 24:00 on 25 June 2017 
(Sunday), totalling 41 hours and 44 minutes’ rest. 
c. In the week from 26 June to 2 July 2017, the driver began his 
weekly rest period at 10:01 on 1 July 2017 until 24:00 on 2 July 
2017 (Sunday), totalling 37 hours and 59 minutes’ rest. 
8. It transpires that: 
a. in the week commencing 12 June 2017, the driver started the rest 
period at 09:27 on 17 June 2017 (Saturday) and did not drive 
again until 17:01 on 19 June 2017 (Monday); 
b. in the week commencing 19 June 2017, the driver started the rest 
period at 06:16 on 24 June 2017 (Saturday) and did not drive 
again until 04:46 on 26 June 2017 (Monday); 
c. in the week commencing 26 June 2017, the driver started the rest 
period at 10:01 on 1 July 2017 (Saturday), but it is not known 
REQUEST FOR A PRELIMINARY RULING OF 17. 12. 2018 — CASE C-834/18 
 
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when he next drove again, given that the police authority and the 
administrative authority made no mention of this. 
12 The parties were duly notified to enable them, if they so wished, to express an 
opinion on the issues to be referred for a preliminary ruling, and the referring 
court suspended the proceedings. 
13 Important note: under Article 49(1)(a) and (c) of Law 107/2009 of 14 September 
2009, 2 in view of the amount of the penalty in question (less than EUR 2 250.00), 
there will be no ordinary appeal against the judgment of this court. 
IV. Relevant legislative provisions: 
14 The legislative provisions listed below are of relevance. 
a. Article 20(5) of Law 27/2010 of 30 August 2010: 3 
‘5 — A regular weekly rest period which is less than that laid down in the 
applicable Community rules or in the AETR [European Agreement concerning the 
Work of Crews of Vehicles engaged in International Road Transport] constitutes 
an offence classified as:  
(a) minor, if it is equal to or greater than 42 hours but less than 45 hours;  
(b) serious, if it is equal to or greater than 36 hours but less than 42 hours;  
(c) very serious, if it less than 36 hours’. 
b. Article 4(i) of Regulation (EC) No 561/2006 of the European Parliament and 
of the Council of 15 March 2006: ‘“a week” means the period of time between 
00.00 on Monday and 24.00 on Sunday;’. 
c. Article 4(h) of Regulation (EC) No 561/2006: ‘“weekly rest period” means 
the weekly period during which a driver may freely dispose of his time and covers 
a “regular weekly rest period” and a “reduced weekly rest period”:  
— “regular weekly rest period” means any period of rest of at least 45 
hours;  
— “reduced weekly rest period” means any period of rest of less than 
45 hours, which may, subject to the conditions laid down in 
Article 8(6), be shortened to a minimum of 24 consecutive hours;’. 
 
2 Accessible via https://dre.pt/web/guest/legislacao-consolidada/-
/lc/62059578/view?q=Lei+107%2F2009. 
3 Accessible via https://dre.pt/pesquisa/-/search/343916/details/maximized. 
ROLIBÉRICA 
 
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d. Article 8(6) of Regulation (EC) No 561/2006: ‘In any two consecutive 
weeks a driver shall take at least:  
— two regular weekly rest periods, or  
— one regular weekly rest period and one reduced weekly rest period 
of at least 24 hours. However, the reduction shall be compensated by 
an equivalent period of rest taken en bloc before the end of the third 
week following the week in question.  
A weekly rest period shall start no later than at the end of six 24-hour 
periods from the end of the previous weekly rest period.’ 
15 Grounds for the order for reference: 
16 The police authorities in Portugal and the Portuguese State authority responsible 
for investigating and prosecuting those incidents, take the view that, under 
Article 4(i) of Regulation (EC) No 561/2006 of the European Parliament and of 
the Council of 15 March 2006, the weekly rest period for road transport drivers 
must begin and end during the period between 00:00 on Monday and 24:00 on 
Sunday. 
17 In the Proposal for a Regulation of the European Parliament and of the Council on 
the harmonisation of certain social legislation relating to road transport (2002/C 
51 E/05), published in the Official Journal of the European Communities of 
26 February 2002, it was stated (in recital 7) that ‘full definitions of all key terms 
should be given in order to render the interpretation easier and ensure that the 
Regulation is applied in a uniform manner.’ 
18 Furthermore, in that proposal, the following concept was included as a draft of 
Article 4(9): ‘A “flexible week” means the period of time between the end of one 
weekly rest period and the beginning of the next weekly rest period.’ 
19 In the final version of Regulation (EC) No 561/2006, however, it transpires that 
the definition of a week in Article 4(i) appears as a fixed period, which resulted in 
the Portuguese authorities’ interpretation on that point. 
20 Nevertheless, recital 13 of Regulation (EC) No 561/2006 states unequivocally that 
‘the definition of a “week” provided in this Regulation should not prevent drivers 
from starting their working week on any day of the week.’ 
21 In addition, according to Recital 17, the aim of the regulation is ‘to improve social 
conditions for employees who are covered by it, as well as to improve general 
road safety’ which will be achieved ‘by means of the provisions pertaining to 
maximum driving times per day, per week and per period of two consecutive 
weeks, the provision which obliges drivers to take a regular weekly rest period at 
least once per two consecutive weeks and the provisions which prescribe that 
REQUEST FOR A PRELIMINARY RULING OF 17. 12. 2018 — CASE C-834/18 
 
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under no circumstances should a daily rest period be less than an uninterrupted 
period of nine hours’. 
22 In that case, if a driver is able to start the working week on any day of the week 
(recital 13) and, in accordance with Article 8(6) of the regulation, a weekly rest 
period is to start no later than at the end of six 24-hour periods from the end of the 
previous weekly rest period, it appears that the beginning and the end of the 
earlier weekly rest period will not necessarily have to be included in the period 
between 00:00 on Monday and 24:00 on Sunday. 
23 The weekly rest period may be taken in full and without interruption between each 
week worked by the driver. 
24 However, Article 4(i) of Regulation (EC) No 561/2006 and the removal of the 
definition of a ‘flexible week’ in the above mentioned proposal may lead to a 
different interpretation, such as the one made by the Portuguese administrative 
authority. 
25 The issue, despite being of general interest (primarily, ensuring the uniform 
interpretation of the European regulation, in particular regarding its application to 
all individuals, whether nationals or from other EU States, who drive vehicles 
subject to the same regulation in the Portuguese territory), is not merely 
theoretical, since the answer given will result in the defendant in these 
proceedings being acquitted or convicted of the offences. 
26 The question referred for a preliminary ruling: 
27 The presiding judge of the Juízo do Trabalho de Portimão (Portimão Employment 
Court) of the Tribunal Judicial da Comarca de Faro (Faro District Court) refers the 
following question to the Court of Justice of the European Union: 
a. Can Regulation (EC) No 561/2006 of the European Parliament and of 
the Council of 15 March 2006 be interpreted to the effect that it 
requires the weekly rest period for drivers engaged in the carriage of 
goods and passengers by road to begin and end between 00:00 on 
Monday and 24:00 on Sunday or, on the other hand, can it be taken in 
full and without interruption between each week worked? 
28 Specific treatment: 
29 In view of Article 52 of Law 107/2009 of 14 September 2009 (‘limitation period 
for proceedings’) and the date of the material facts, this court must deliver a final 
judgment by June 2025. 
Portimão, 17 December 2018 
Filipe Aveiro Marques 
ROLIBÉRICA 
 
7 
Judge