Joined Cases C-184/02 and C-223/02

Kingdom of Spain

and

Republic of Finland

v

European Parliament and Council of the European Union

(Directive 2002/15/EC – Organisation of the working time of road transport workers – Self-employed drivers – Legal basis – Freedom to pursue an occupation – Principle of equal treatment – Proportionality – Obligation to state reasons)

Summary of the Judgment

1. Transport – Road transport – Provisions of social policy and road safety – Directive 2002/15 on the organisation of working time – Legal basis

(Art. 71(1)(c) and (d) EC; Directive of the European Parliament and of the Council 2002/15)

2. Community law – Principles – Fundamental rights – Freedom to pursue an occupation – Restrictions – Conditions – Directive 2002/15 on the organisation of working time – Measures concerning self-employed drivers – Measures justified by the general interest in road safety – No breach of that principle

(Directive of the European Parliament and of the Council 2002/15)

3. Transport – Road transport – Provisions of social policy and road safety – Directive 2002/15 on the organisation of working time – Different measures for employed and self-employed drivers – Breach of the principle of equal treatment – None

(Directive of the European Parliament and of the Council 2002/15)

4. Transport – Road transport – Provisions of social policy and road safety – Directive 2002/15 on the organisation of working time – Measures concerning self-employed drivers not holding back the creation and development of small and medium-sized undertakings – No breach of Article 137(2) EC

(Art. 137(2), first subpara., second sentence, EC; Directive of the European Parliament and of the Council 2002/15)

1. The regulation of the working time of self-employed drivers envisaged by Directive 2002/15 on the organisation of the working time of persons performing mobile road transport activities pursues an objective of road safety as provided for in Article 71(1)(c) EC. That directive sets out a number of measures aimed at confining within reasonable limits the weekly rhythm of work of a self-employed driver, as regards activities that may have a bearing on his driving because of their effect on his state of tiredness, and at imposing on him minimum periods of rest. The measures thus undeniably aim to improve road safety, which is liable to be jeopardised not only by periods of driving which are too long but also by an excessive accumulation of activities other than driving.

Moreover, such measures cannot but contribute to the elimination of disparities liable to cause substantial distortion to conditions of competition in the transport sector and thus prove ‘appropriate’ within the meaning of Article 71(1)(d) EC for establishing a common transport policy.

(see paras 33-34, 40)

2. Freedom to pursue an occupation is one of the general principles of Community law. The same is true of freedom to conduct a business, which coincides with freedom to pursue an occupation. Those freedoms are not absolute rights, however, but must be considered in relation to their social function. Consequently, restrictions may be imposed on their exercise, provided that the restrictions correspond to objectives of general interest and do not constitute in relation to the aim pursued a disproportionate and intolerable interference, impairing the very substance of the rights guaranteed.

In this respect, in view of the wide discretion it enjoys in adopting appropriate measures for a common transport policy, the Community legislature was able to consider that measures such as those in Directive 2002/15 on the organisation of the working time of persons performing mobile road transport activities, intended to lay down rules governing the time spent by self-employed drivers on activities directly linked to road transport without encroaching on their freedom to organise the general work inherent in the self-employed status as they wish, constitute measures which are appropriate and reasonable in relation to the objective of road safety.

(see paras 51-52, 56, 58)

3. Directive 2002/15 on the organisation of the working time of persons performing mobile road transport activities does not breach the principle of non-discrimination because it lays down different measures for self-employed and employed drivers, who are in different situations. Self-employed drivers must, in addition to activities directly linked to road transport, take on general administrative work which does not concern employed drivers, and the directive took account of this in its measures concerning self-employed drivers.

(see paras 65-66)

4. The second sentence of the first subparagraph of Article 137(2) EC means that the particular economic interests of small and medium-sized undertakings are to be taken into account when measures falling under Article 137(1)(a) EC are adopted, but does not preclude those undertakings from being the subject of binding measures.

The regulation of the working time of self-employed drivers envisaged by Directive 2002/15 on the organisation of the working time of persons performing mobile road transport activities cannot therefore be considered to be contrary to that article. Those provisions express a balanced consideration of the objective of road safety on the one hand and the particular features of the status of self-employed driver linked to the general administrative work of his business on the other, without imposing constraints such as to hold back the creation and development of small and medium-sized undertakings.

(see paras 72-73)