DK wins lorry rest time case against Commission
Foreign truck drivers are still challenged when they have to spend the night at rest areas during their weekly long rest in Denmark. The European Commission, however, has lost its case in the European Court of Justice, against Denmark’s 25-hour rule. Under the rule lorries can only be parked in lay-byes for 25 hours before moving on. The Commission’s case against Denmark came on the basis of rest time rules and the parking limit for lorries of 25 hours at rest areas. As a truck driver, you must have a long weekly rest of 45 hours. The Commission therefore sees the Danish parking restriction as an obstacle, because as a foreign driver you cannot rest at a rest area.
The European Court of Justice has ruled that the 25-hour rule may have a concrete impact on non-Danish transport companies’ exercise of the transport rights granted to them. In doing so, the Court recognises that foreign drivers are prevented from using motorway rest areas for the purpose of compulsory rest periods. However, it is emphasised that the European Commission has not provided objective data showing that the alternative parking options provided by the private sector are insufficient to receive the vehicles in question for rest periods of more than 25 hours. /ritzau/