CELEX: 62012CN0317
Language: en
Date: 2012-07-02 00:00:00
Title: Case C-317/12: Reference for a preliminary ruling from the Svea hovrätt (Sweden) lodged on 2 July 2012 — Criminal proceedings against Daniel Lundberg

25.8.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 258/13
            
         Reference for a preliminary ruling from the Svea hovrätt (Sweden) lodged on 2 July 2012 — Criminal proceedings against Daniel Lundberg
   (Case C-317/12)
   2012/C 258/21
   Language of the case: Swedish
   
      Referring court
   
   Svea hovrätt
   
      Party to the main proceedings
   
   Daniel Lundberg
   
      Questions referred
   
   
               1.
            
            
               Must the expression ‘non-commercial carriage of goods’ in Article 3(h) of Regulation (EC) No 561/2006 (1) be interpreted as covering carriage of goods by a private individual as part of his hobby but which is in part financed by financial contributions (sponsorship) from external persons or undertakings?
            
         
               2.
            
            
               Is it relevant to the assessment of what constitutes ‘non-commercial carriage’:
               
                           (a)
                        
                        
                           that the driver makes the journey only for his own purposes?
                        
                     
                           (b)
                        
                        
                           that no payment is made for the carriage per se?
                        
                     
                           (c)
                        
                        
                           how large the financial contribution is and/or how large the financial contribution is in relation to the total cost of the hobby activity?
                        
                     
         
      (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 (Text with EEA relevance) — Declaration (OJ 2006 L 102, p. 1).