The European Commission has formally requested an explanation from the Danish government over its fixed-rate road toll fines, marking the first EU-level intervention in the dispute surrounding Denmark’s kilometre-based charging scheme for heavy goods vehicles.
The move follows a complaint filed earlier this year by International Transport Danmark (ITD), which argues that Denmark’s system breaches EU rules on proportionality by issuing the same penalty regardless of the nature or seriousness of the infringement.
In its response to ITD, the European Commission confirmed that, after an initial assessment, it will proceed with the complaint and has asked Denmark to clarify the legal basis for its penalty model. The Commission states it cannot reach a final position until it receives explanations from the Danish authorities.
Depending on the outcome, the case may progress to a formal infringement procedure.
ITD welcomed the decision. Managing director Stefan K. Schou said the Commission’s involvement indicates that the proportionality concerns raised by the industry “cannot simply be ignored”. According to the organisation, Denmark’s use of a single penalty level has “appeared unlawful from day one”.
Fixed fines under scrutiny as total penalties exceed 240 million DKK
Since the CO₂-based road toll came into force on 1 January 2025, Danish authorities have issued more than 240 million DKK in penalties. Every fine has been issued at a fixed rate, initially 4,500 DKK, doubling to 9,000 DKK on 1 July, regardless of whether the alleged infringement involves a technical error, late payment or deliberate non-payment.
ITD argues that this approach is incompatible with Directive 1999/62/EC, which requires penalties to reflect the severity and circumstances of the offence. The organisation has called on the Danish state to suspend the current model and annul fines already issued.
EU step comes days after prosecutors paused criminal cases
The Commission’s intervention comes shortly after the Danish Prosecution Authority withdrew the first criminal cases against hauliers who refused to pay toll fines. Those hearings, scheduled for 28 November at Aalborg District Court, were cancelled two days before they were due to begin.
Prosecutors said they would wait for clarification of the EU-law issues before proceeding with individual cases. ITD represents three of the four hauliers involved in the withdrawn prosecutions and is simultaneously pursuing a domestic lawsuit against the Ministry of Transport and Ministry of Taxation.
Denmark must now provide the European Commission with a detailed explanation of its fixed-penalty system. Once this information has been assessed, the Commission will decide whether to escalate the matter into a formal infringement procedure.
Timeline of key developments
| Date | Event |
| 1 Jan 2025 | Denmark’s CO₂-based road toll launches. All infringements receive a fixed 4,500 DKK fine. |
| Spring 2025 | ITD files a complaint to the European Commission, arguing the fixed fine breaches EU proportionality rules. |
| 1 Jul 2025 | Fixed penalty doubled to 9,000 DKK. Total fines rapidly exceed tens of thousands. |
| Autumn 2025 | ITD sues the Ministry of Transport and Ministry of Taxation in Denmark, seeking judicial review of the penalty model. |
| 10 Nov 2025 | Four hauliers summoned to Aalborg District Court for refusing to pay the fixed fines. |
| 26 Nov 2025 | Prosecutors withdraw all four criminal cases two days before the hearings, citing unresolved EU-law issues. |
| Mid-Dec 2025 | The European Commission formally requests an explanation from Denmark about its fixed penalty model and proceeds with ITD’s complaint. |
