CELEX: 62016CN0541
Language: en
Date: 2016-10-25 00:00:00
Title: Case C-541/16: Action brought on 25 October 2016 — European Commission v Kingdom of Denmark

9.1.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/30
            
         Action brought on 25 October 2016 — European Commission v Kingdom of Denmark
   (Case C-541/16)
   (2017/C 006/37)
   Language of the case: Danish
   
      Parties
   
   
      Applicant: European Commission (represented by: L. Grønfeldt and J. Hottiaux, acting as Agents)
   
      Defendant: Kingdom of Denmark
   
      Form of order sought
   
   
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               Declare that the Kingdom of Denmark has failed to fulfil its obligations under Article 2(6) Regulation (EC) No 1072/2009 (1) on common rules for access to the international road haulage market;
            
         
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               order Kingdom of Denmark to pay the costs.
            
         
      Pleas in law and main arguments
   
   
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               The Commission submits that Article 8(2) of Regulation (EC) No 1072/2009 regulates exhaustively how hauliers may to carry out cabotage operations on the terms laid down in that article. The provision does not provide for a maximum number of loading and/or unloading sites within the same cabotage operation. The limit of a maximum of three cabotage operations does not mean that a cabotage operation must include a set number of loading and/or unloading sites.
            
         
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               Under the Danish rules cabotage can consist either of a number of loading sites or a number of unloading sites, but not both. The Danish rules preclude non-resident hauliers from carrying out cabotage operations consisting of a number of loading and unloading sites, which constitutes a restriction on how those hauliers may carry out cabotage operations in Denmark as provided for under Regulation (EC) No 1072/2009.
            
         
      (1)  Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ 2009 L 300, p. 72).