CELEX: C2006/294/32
Language: en
Date: 2006-12-02 00:00:00
Title: Case C-93/05: Order of the Court (Sixth Chamber) of 13 July 2006 (reference for a preliminary ruling from the Korsholms tingsrätt — Finland) — Teemu Hakala v Oy L. Simons Transport Ab (Second subparagraph of Article 104(3) of the Rules of Procedure — Question the answer to which admits of no reasonable doubt — Regulation (EEC) No 3820/85 — Harmonisation of certain social legislation relating to road transport — Payments to wage-earning drivers related to distances covered — Prohibition of such a pay scheme unless it does not endanger road safety)

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/19
            
         Order of the Court (Sixth Chamber) of 13 July 2006 (reference for a preliminary ruling from the Korsholms tingsrätt — Finland) — Teemu Hakala v Oy L. Simons Transport Ab
   (Case C-93/05) (1)
   
   (Second subparagraph of Article 104(3) of the Rules of Procedure - Question the answer to which admits of no reasonable doubt - Regulation (EEC) No 3820/85 - Harmonisation of certain social legislation relating to road transport - Payments to wage-earning drivers related to distances covered - Prohibition of such a pay scheme unless it does not endanger road safety)
   (2006/C 294/32)
   Language of the case: Swedish
   Referring court
   Korsholms tingsrätt
   Parties to the main proceedings
   
      Applicant: Teemu Hakala
   
      Defendant: Oy L. Simons Transport Ab
   Re:
   Reference for a preliminary ruling — Korsholms tingsrätt — Interpretation of Article 10 of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (OJ 1985 L 370, p. 1) — Payments to a wage-earning driver based on distances covered
   Operative part of the order
   A pay scheme based on distances covered is contrary to Article 10 of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport, unless such a scheme is of a kind as not to endanger road safety. It is for the national court to ascertain, in view of all the circumstances of the case in the main proceedings, whether that is the case.
   
      (1)  OJ C 143, 11.06.2005