BGL Welcomes Dismissal of Lawsuits Against the EU Mobility Package

The European Court of Justice (ECJ) today dismissed the lawsuits against the EU Mobility Package, as far as they do not concern the obligation for vehicles to return (every 8 weeks). Thus, the ECJ ruling fundamentally confirms the long-standing efforts in the fight against social dumping and for fair competition conditions in European road freight transport! Only regarding the return obligation for vehicles does politics now need to act quickly!

(Berlin) The Federal Association of Goods Transport, Logistics and Disposal (BGL) e.V. fundamentally welcomes the ECJ ruling, which dismissed all lawsuits from seven member states against the so-called EU Mobility Package, with one exception. It has particularly clarified that the EU’s freedom to provide services is not unlimited and that transport service providers have the freedom to establish subsidiaries for the permanent provision of services in other EU member states. The association sees this as a confirmation of its long-standing commitment to more equal competition and the fight against social dumping in European road freight transport.

Unfortunately, the court has lifted the obligation that vehicles must return to the country of establishment at least every eight weeks. According to the ECJ’s press release, the Union legislator did not demonstrate that it had sufficient information to assess the proportionality of this measure. Therefore, the BGL calls on the European Commission to present a legislative proposal as soon as possible after an “Impact Assessment” (study on the effects), so that the EU legislators (Council and European Parliament) can make the return obligation a part of the Mobility Package again.
Loophole for Abuse Remains
BGL board spokesman Prof. Dr. Dirk Engelhardt: “Now the Union legislator must quickly adjust and better justify why this point is essential for the effectiveness of the overall package. Because in light of the numerous truck fleets permanently stationed abroad in the EU, there remains a loophole for abuse and unfair competitive practices. This flank must be quickly closed by politics, and the proportionality of the return obligation must be clearly justified. Furthermore, it will now be crucial for all member states to implement the Mobility Package through effective controls.”

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