The first criminal cases against Danish hauliers who refused to pay fines under Denmark’s new road toll system have been withdrawn at the last minute, after the Prosecution Authority decided to pause proceedings until the underlying EU-law questions are resolved.
The four cases were due to be heard at Aalborg District Court on 28 November. However, on Wednesday afternoon the Prosecution Authority announced that all proceedings would be recalled for an indefinite period. The decision follows repeated requests from industry association International Transport Danmark (ITD), which has challenged the legality of Denmark’s fixed-penalty model before the courts.
In a brief statement, the Prosecution Authority said it was “most appropriate” to clarify the EU-law aspects of the Danish penalty regime before initiating criminal proceedings. ITD argues that the flat-rate fines, previously 4,500 DKK (approx €600) and increased to 9,000 DKK (approx €1200) on 1 July 2025, breach the EU principle of proportionality because the same amount applies regardless of the nature or seriousness of the alleged offence.
The organisation has sued both the Ministry of Transport and the Ministry of Taxation, demanding judicial review of the sanction model and a reference to the Court of Justice of the European Union. The state has not yet filed its formal response in the civil case.
ITD criticises timing as ‘reckless’
ITD represents three of the four hauliers involved in the withdrawn cases: Scandi Logistics, Lauge Transport, and Vognmand Finn Nielsen. Managing director Stefan K. Schou criticised the decision’s timing, saying the authorities had forced the companies to prepare for court only to call off the hearings two days before they were due to begin.
According to Schou, these cases should never have been scheduled while the broader legal challenge remains unresolved. ITD maintains that the proportionality question must be clarified at EU level before individual hauliers face criminal prosecution for refusing to pay the disputed fines.
Dispute rooted in Denmark’s CO₂-based toll system
Denmark introduced its CO₂-based road toll for heavy vehicles on 1 January 2025. The scheme applies to trucks over 12 tonnes and charges per kilometre based on the vehicle’s emissions category and distance travelled. Since launch, the fixed-penalty system for infringements has drawn strong criticism from hauliers, with more than 40,000 fines issued by the end of July 2025.
Industry organisations argue that the fine model is out of line with practices elsewhere in Europe. Belgium, for example, reformed its Viapass penalty structure in 2017 after similar concerns, moving from a single fixed fine to a tiered system ranging from €100 to €1,000 depending on the severity of the offence.
Next steps
The Prosecution Authority has not indicated when or whether the criminal cases will resume. The timeline now depends on the progress of ITD’s lawsuit and the expected clarification of the EU-law issues surrounding Denmark’s flat-rate penalty system.
ITD’s legal challenge continues, with the association awaiting a formal response from the Danish government.
