On 4 October this year, the CJEU ruled on certain provisions of the Mobility Package that had been challenged by Poland and six other EU countries (Bulgaria, Cyprus, Lithuania, Malta, Romania, and Hungary). While the Court dismissed complaints concerning, among other things, the grace period after cabotage, the prohibition of regular weekly rest in the cab, and the requirement for the driver to return to the country of establishment, it agreed with the complainants on the issue of the return of the truck every eight weeks.
In challenging this provision, Poland argued that this obligation not only negatively impacted the operation of the single EU market by creating artificial administrative barriers for road transport companies but also failed to ensure a level playing field for EU hauliers.
International European organisations react cautiously
International haulier organisations such as the International Road Transport Union (IRU) and the UETR have taken a more reserved approach to the ruling. The IRU is still analysing the consequences of the judgment.
“We take note of the Court’s decision. It is clear that the law must now be interpreted as if it no longer includes the provision on the return of the truck. However, it is unclear what will happen next. Will the European Commission try to make it compulsory again after gathering more information about the proportionality of the measure? Or will the ruling end the EU’s efforts to require operators to return trucks home, aside from mandatory technical inspections?” said Raluca Marian, Director of EU Advocacy at the IRU.
According to Marian, the judgment effectively annuls the provision and consequently removes the legal basis for all penalties applied to transport operators for breaching this rule. However, she points out that it remains unclear whether EU authorities might try to regulate this area again in the future.
“The Court’s decision is an important step in interpreting and clarifying the Mobility Package provisions, but the IRU will continue to work towards consistent rule enforcement and improving oversight in cooperation with the European Commission, the European Labour Authority, member states, and enforcement bodies,” added Marian.
Meanwhile, the UETR, while welcoming the confirmation of the validity of the Mobility Package, sees an urgent need to clarify the legal framework.
“The Mobility Package is crucial in preventing unfair competition and the rise of ‘letterbox’ companies—those setting up offices in countries with lower taxes or looser labour laws while mainly operating in higher-cost member states, thereby distorting the market. The current rules, including those on the return of vehicles, ensure that companies comply with the legal and social standards of their home countries,” commented the association.
The UETR acknowledges the CJEU’s decision to repeal the vehicle return provision but believes that any changes to the core elements of the Mobility Package could threaten the progress made in ensuring fair competition and improving working conditions for drivers.
According to the organisation, the different aspects of the Mobility Package are interconnected, and only its full application can achieve the intended goals.
“The focus should now be on how to best implement the Mobility Package in its entirety, promoting sustainable transport practices within the existing framework that transport companies have already made efforts to adapt to since the legislation came into force,” noted the UETR.
The organisation stresses the need for urgent clarification on how the ruling will impact hauliers’ obligations so they can operate efficiently and plan for the future.
Dutch response: enthusiasm
The Dutch transport organisation TLN reacted to the CJEU ruling with the most enthusiasm.
“TLN is pleased that we finally have 100% clarity. Seven member states specifically objected to the vehicle return obligation in the CJEU, which undermined a measure that has been legally required since February 2022. Some companies in Europe complied with it, others did not, or did so only partially. This inconsistency was unacceptable, but it has almost never led to consequences, as many member states did not enforce the requirement,” commented TLN.
The TLN also opposed the obligation.
“This provision not only resulted in more empty trips but also increased pressure on rates. To avoid empty runs as much as possible, trucks returning to base would often carry return loads at bargain prices. Now that this is no longer necessary, TLN highlights the importance of better enforcement of the remaining Mobility Package obligations,” the organisation added in its statement.
TLN pointed out that companies which prepared for the return obligation, for example by relocating their businesses from Eastern Europe to Western Europe, have incurred losses.
“This once again demonstrates that European lawmakers need to better assess the legality and enforceability of their bills. Unfortunately, it is unlikely that companies will be able to recover their costs from the legislators,” commented the union bitterly.
Germany’s reaction: generally positive
According to BGL, one of Germany’s largest transport organisations, the CJEU judgment on the Mobility Package confirms the EU’s long-standing efforts to combat social dumping.
“The only thing that needs to be improved quickly by policymakers is the requirement to return vehicles,” commented the organisation.
BGL “fundamentally welcomes” the CJEU ruling, which, with one exception, dismissed the lawsuits brought by seven member states against the Mobility Package. However, the organisation regrets the removal of the mandatory truck return rule. The Court sided with Poland and the other complainant countries because Brussels had insufficient information to assess the proportionality of the measure.
“BGL urges the European Commission to present a legislative proposal as soon as possible, following an ‘impact assessment,’ so that EU legislators (the Council and European Parliament) can reintroduce the mandatory return of trucks as part of the Mobility Package,” the organisation’s communication reads.
Only then, according to BGL, will the Mobility Package fully achieve its purpose.
“Now the EU legislator must make quick changes and provide a better explanation of why this point is necessary for the effectiveness of the entire Package. With numerous truck fleets permanently stationed in other EU countries, the potential for abuse and unfair competition remains high,” commented Prof. Dr. Dirk Engelhardt, spokesperson for the BGL Board.
Eastern European hauliers:mixed feelings and calls for further action
Polish transport organisations had mixed feelings about the CJEU judgment. Maciej Wroński, president of Transport and Logistics Poland, expressed relief that the obligation to return vehicles to their operating base was repealed, calling the provision costly and environmentally harmful. He pointed out that the requirement had been generating greenhouse gas emissions comparable to those of some EU member states.
In contrast, Jan Buczek, president of the Association of International Road Carriers (ZMPD), expressed disappointment. While he welcomed the removal of the “most absurd provision” of the Mobility Package, he criticised the retention of other regulations that he believes undermine the competitiveness of Polish hauliers. He also condemned the Polish government’s inaction during the EU’s legislative process, stating that their lack of representation in Brussels left the industry feeling abandoned.
Romanian hauliers, represented by the National Union of Road Transporters from Romania (UNTRR), celebrated the judgment as a “major victory.” The organisation had been actively challenging the Mobility Package’s most discriminatory provisions, particularly the obligation to return trucks home. UNTRR hailed the CJEU’s annulment of this requirement and thanked the Romanian government for its support in the case.
The UNTRR emphasised that the provision had been detrimental to Romanian carriers and had led to increased emissions, contradicting EU climate goals. The organisation urged Romanian and European authorities to amend the legislation to eliminate this “abusive” measure and cancel the fines imposed on transporters.
Both Polish and Romanian hauliers remain concerned about the impact of other provisions within the Mobility Package on their competitiveness in the European market.
Co-authored with Zsófia Pölös