Last week, EU Transport Commissioner Apostolos Tzitzikostas responded to the inquiry, which was prompted by the Court of Justice of the European Union’s (CJEU) decision in October to annul the truck return requirement.
According to the MEPs, the return obligation was a crucial element of the Mobility Package and a tool to combat unfair competition by discouraging the establishment of “letterbox” companies in the road transport sector. They questioned the European Commission (EC) about possible measures to address the consequences of the annulment and whether the EC would commission a study to assess the effects of the now-invalidated regulation during its period of enforcement.
The EC’s position
Commissioner Tzitzikostas confirmed that the CJEU ruling of 4 October 2024, which annulled the truck return provision, has direct effect within the EU legal framework. He explained that, under Article 264 of the Treaty on the Functioning of the European Union, the regulation must be considered invalid.
The Commissioner noted that the provision was not originally part of the Commission’s proposal. “At the time of its adoption, the Commission stated that the return obligation would result in inefficiencies in the transport system and lead to increased emissions, pollution, and congestion,” he said, citing a 2021 study that assessed the measure’s potential impacts.
Tzitzikostas further confirmed that the EC does not intend to propose new legislation to reinstate the annulled rule. However, he reassured MEPs that the EC remains committed to implementing Mobility Package I, ensuring a well-functioning internal market, fair competition, and improved social conditions for drivers. The Commissioner also pledged to monitor any adverse effects of the annulment, particularly on drivers’ working conditions, and take appropriate measures as necessary.
Industry reactions
The European freight forwarding association CLECAT welcomed the Commission’s position, aligning with its concerns over the unintended consequences of the truck return obligation. In a statement, CLECAT reiterated its call for the effective implementation of the Mobility Package to promote a fair and efficient market while enhancing drivers’ working conditions.
A controversial measure
The requirement for trucks to return to their company’s registered base was one of the most contentious aspects of the Mobility Package. Initially, even trailers and semi-trailers were included in the regulation. However, after significant opposition from the transport industry, the scope was limited to motor vehicles and vehicle combinations.
Despite this adjustment, the measure remained a burden for many hauliers. In response, Poland, supported by Lithuania, Hungary, Romania, Bulgaria, Malta, Cyprus, and Belgium, filed a complaint with the CJEU in October 2020. The countries argued that the provision negatively affected the environment, European hauliers’ operations, and the broader economy.
In November 2023, Advocate General Giovanni Pitruzzella issued an opinion supporting Poland and its allies, criticizing the lack of justification for the measure and highlighting its environmental impact. The CJEU adopted this reasoning in October 2024, invalidating the requirement. The court found that the EU legislator had failed to provide sufficient evidence to justify the rule’s proportionality.