Browsing Category road transport
The Court of Justice rules on the imposition of a flat-rate fine for all offences under the rules on the obligation to make prior payment of the toll for use of a road infrastructure
The requirement of proportionality according to Directive 1999/62/EC precludes a system of penalties that provides for the imposition of a flat-rate fine or financial penalty for all offences, whatever their nature and gravity, under the rules on the obligation to make prior payment of the toll for use of a road infrastructure, including where that system provides for the possibility of being exempted from administrative criminal liability by paying a flat-rate redress charge
Road transport. The Court of Justice rules on the concept of “employer’s operational centre where the driver is normally based”
The concept of “employer’s operational centre where the driver is normally based” designates a place from which the driver concerned usually carries out his or her shift and to which he or she returns at the end of that shift, in the normal exercise of his or her functions and without complying with specific instructions from his or her employer in that regard
The Court of Justice rules on the national legislation providing that the nullity of an insurance contract may be invoked against a “passenger victim” where it results from an intentional false statement made by that person when the contract was concluded
Directive 2009/103/EC precludes a national legislation under which it is possible to invoke against a passenger of a vehicle involved in a road traffic accident, who is a victim, and where he or she is also the policyholder, the nullity of the contract of insurance against civil liability in respect of the use of motor vehicles resulting from his/her false statement made in concluding that contract as regards the identity of the usual driver of the vehicle concerned
Second-hand vehicles. The Court of Justice rules on the application of different tax rates depending on the date of registration of a vehicle
Article 110 TFEU precludes, on the date of release for consumption in a Member State of a vehicle that was registered for the first time in another Member State, a vehicle tax from being calculated in accordance with the rules applicable on that date, when an earlier version of the legislation relating to that tax, which would lead to the application of a lower one and from which similar vehicles with the same relevant characteristics as the one concerned, but which were registered for the first time in the first Member State, were able to benefit, was in force when the vehicle was first registered, if and to the extent that the amount of tax levied on that imported vehicle exceeds that of the residual value of the tax incorporated in the value of similar domestic vehicles on the domestic market for second-hand vehicles
Road transport. The Court of Justice rules on the concept of “route covered by the service in question not exceeding 50 km”
The concept of “route covered by the service in question not exceeding 50 km” corresponds to the route set by the transport undertaking, not exceeding that distance, that the vehicle concerned must travel by road in order to link a point of departure to a point of arrival and serve, where appropriate, predetermined intermediary stops, in order to ensure the carriage of passengers on the regular service to which it is assigned