CELEX: 62021CN0013
Language: en
Date: 2021-01-04 00:00:00
Title: Case C-13/21: Request for a preliminary ruling from the Judecătoria Miercurea Ciuc (Romania) lodged on 4 January 2021 — Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR)

12.4.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 128/13
            
         
      Request for a preliminary ruling from the Judecătoria Miercurea Ciuc (Romania) lodged on 4 January 2021 — Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR)
      (Case C-13/21)
      (2021/C 128/18)
      Language of the case: Romanian
      
         Referring court
      
      Judecătoria Miercurea Ciuc
      
         Parties to the main proceedings
      
      
         Applicant: Pricoforest SRL
      
         Defendant: Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR)
      
         Questions referred
      
      
                  1.
               
               
                  Is the concept of ‘radius of up to 100 km’ referred to in Article 13(1)(b) of Regulation No 561/2006 (1) to be interpreted as meaning that a straight line drawn on the map between the base of the undertaking and the destination must be less than 100 km or as meaning that the distance actually travelled by the vehicle must be less than 100 km?
               
            
                  2.
               
               
                  Are the provisions of Article 13(1)(b) of Regulation No 561/2006 to be interpreted as meaning that the carrying out of transport operations within the scope of that provision, some of which remain within a radius of 100 km from the base of the undertaking and others of which exceed that radius, in a period of one month, in the context of the exemption of the situation referred to in Article 13(1)(b) of Regulation No 561/2006 from application of that regulation pursuant to a provision of national law, results in the exemption of all relevant transport operations from application of the regulation, or only those which [do not] […] exceed the radius of 100 km or none of them?
               
            
         (1)  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 (OJ 2006 L 102, p. 1).