Keywords

Summary



Keywords

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)

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 international 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 international road transport (AETR), Art. 8(1) and (2); Council Regulation No 3820/85, Art. 8(1) and (2))

Summary

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 objective 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 (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 harmonisation 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