Opinion of the Advocate General — ECLI:EU:C:2017:82
Date: 2017-02-02
Language of the case: Dutch
Subject matter: Social Policy;Transport;Fundamental rights;Charter of Fundamental Rights
Procedure: Reference for a preliminary ruling;Reference for a preliminary ruling - decision unnecessary
Origin: Belgium

Summary — Judgment of the Court (Tenth Chamber), 20 December 2017 Transport — Road transport — Social provisions — Weekly rest — Taking of weekly rest period in a vehicle — Precluded — Infringement of the principle of legality in criminal proceedings — No such infringement (Charter of Fundamental Rights of the European Union, Art. 49(1); European Parliament and Council Regulation No 561/2006, Art. 8(6)) Article 8(6) and (8) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 must be interpreted as meaning that a driver may not take the regular weekly rest periods referred to in Article 8(6) in his vehicle. Consideration of the second question referred has disclosed nothing to affect the validity of Regulation No 561/2006, having regard to the principle of legality in criminal proceedings, enshrined in Article 49(1) of the Charter of Fundamental Rights of the European Union. (see operative part 1, 2)