Order — ECLI:EU:C:2016:107
Date: 2016-02-18
Language of the case: Polish
Court formation: Tenth Chamber
Subject matter: Social Policy;Transport
Procedure: Reference for a preliminary ruling;Reference for a preliminary ruling - inadmissible
Origin: Poland

Summary — Order of the Court (Tenth Chamber), 18 February 1. Transport — Road transport — Social provisions — Rest periods — National legislation laying down the conditions under which drivers of vehicles may claim reimbursement of accommodation costs incurred in the course of their employment — Lawfulness (European Parliament and Council Regulation No 561/2006, Art. 8(8)) 2. Questions referred for a preliminary ruling — Admissibility — Reference giving no details of the relevant facts or legislation and not setting out the reasons for making that reference to the Court of Justice — Manifest inadmissibility (Art. 267 TFEU; Statute of the Court of Justice, Art. 23; Rules of Procedure of the Court of Justice, Arts 53(2) and 94) 1. 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 and repealing Regulation No 3820/85 and, in particular, Article 8(8) thereof, must be interpreted as not precluding national legislation which lays down the conditions under which the driver of a vehicle may claim reimbursement of accommodation costs incurred in the course of his employment. Regulation No 561/2006, which harmonises, inter alia, the rules relating to driving time, breaks and rest periods which must be observed by drivers transporting goods and passengers by road, while allowing the national legislature the possibility to adopt provisions more favourable to drivers, does not contain any provision relating to allowances that such drivers may be entitled to in the course of their employment. (see paras20, 21, operative part) 2. See the text of the decision. (see paras 25-30)