For the benefit of those unfamiliar with the case, since July 2018, Denmark has limited the period lorries can park in state-owned rest areas to a maximum of 25 hours.
The European Commission concluded in 2021 that the measure restricts the freedom to provide services as guaranteed by EU road transport legislation. As a result, the matter was referred to the European Court of Justice.
The authorities in Denmark see things differently. They claim the 25-hour parking limit is needed to ensure orderly conditions at rest areas and prevent unlawful and hazardous parking. The Commission admitted that these goals are in the general interest, but added that other methods could be used to achieve them.
However, the Advocate General of the European Court of Justice has now proposed that Denmark be acquitted of wrongdoing.
The Attorney General believes, among other things, that the EU Commission has not proven that the 25-hour rule actually limits opportunities for foreign truck drivers.
The Attorney General also states that there are “very cheap private parking spaces” in Denmark. Moreover, according to the Attorney General, Denmark also has no obligation to directly “promote” cross-border transport services, only to facilitate it. In the opinion of the Attorney General, Denmark has fulfilled this obligation.
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