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Hauliers sue Danish ministries – will 200 million kroner in fines be overturned?

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The Danish transport association International Transport Danmark (ITD) has filed a lawsuit against the Ministry of Transport and the Ministry of Finance. According to the hauliers, the penalty system introduced with the new toll breaches EU law. By the end of July, more than 40,000 fines had been issued, totalling nearly 196 million kroner.

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The new road toll was meant to serve both fiscal and environmental purposes, but in practice it has drawn sharp criticism from the transport industry. Denmark scrapped the Eurovignette at the start of this year, replacing it with a mileage-based toll for lorries on Danish roads. The flat-rate fine – initially set at 4,500 kroner and doubled to 9,000 kroner on 1 July, regardless of the circumstances – has been a major source of controversy.

Complaint escalates to Danish courts after Brussels intervention

ITD had already raised its concerns with the European Commission, arguing that the penalty system conflicts with the EU principle of proportionality, which requires sanctions to reflect the circumstances of each case. In November 2024, the Court of Justice of the EU confirmed that rigid, case-blind penalties were incompatible with EU law.

The organisation has now gone further by taking both ministries to court in Denmark. ITD stresses that the case concerns not only the legality of the system but also the scale of its financial impact on hauliers.

“41,000 illegal fines”

ITD director Stefan K. Schou did not hide his outrage:

“This is a massive legal scandal in which the Danish state has completely shattered the Danish industry. After nearly 41,000 illegal fines worth around 200 million kroner, we cannot wait any longer. That is why we are now going to court.”

According to ITD, by the end of July 2025, 40,534 fines had been issued with a combined value of 195.8 million kroner. All were imposed automatically at a fixed amount.

Meanwhile, Denmark’s state budget had projected revenues of just 58.7 million kroner from fines under the new toll in 2025. The number of penalties already issued has far surpassed those estimates.

Call for a progressive system

ITD argues that the sanctions model must be reformed. Schou suggests that instead of a uniform rate, Denmark should follow the German example, where a progressive system is applied depending on the type and severity of the offence.

“The illegal fines must be revoked – that much is clear. Denmark must then adapt its sanctions model so that it no longer breaches EU law. From the very beginning, we recommended a step-based model such as the one used in Germany,” Schou said.

Consequences for Danish road transport

The lawsuit filed by ITD could have serious consequences for Denmark’s entire road toll regime. If the court rules in favour of the hauliers, all fines could be annulled, forcing the state to adapt its penalty model to EU standards.

Belgium eased sanctions after wave of criticism

Denmark is not alone in facing such problems. Belgium encountered similar issues after introducing the Viapass road toll system in April 2016. In the early months, hauliers received mass fines of €1,000 per infringement, even when the fault lay with malfunctioning on-board units (OBUs).

In October 2017, however, the Belgian authorities revised the penalties, introducing a more proportionate system: €100 for a single unpaid journey due to oversight or technical fault, €500 for multiple journeys, and €1,000 for operating without a Satellic device.

Earlier, the Brussels government had cancelled more than 5,000 wrongly imposed fines worth over €5 million. Although the refund process was lengthy, the decision marked a breakthrough in hauliers’ fight against an unfair sanctioning system. The Belgian experience shows that industry pressure can drive legal changes – and that aligning penalties with the seriousness of the offence is crucial.

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