Home / Transports (page 3)

Transports

The rule «ne bis in idem» – Interpretation and application conditions

In current times, where the benefits of the Schengen area are, at the least, we can say, questioned, the Court’s decision in the Grand Chamber is certainly likely to calm things down. The solemn session of the Court distinctly reveals its awareness of the issue’s importance. This is not the …

En savoir plus »

The rule «ne bis in idem» – The final judgment principle

In the Spasic Case (see above), the Court considered that Article 54 of the Convention implementing the Schengen Agreement (CCAS), under which for the ne bis in idem principle to come into play the first sentence must have been actually executed, was consistent with Article 50 of the Charter of …

En savoir plus »

Recourse procedures against the decisions of custom authorities

The Court explains the requirements of EU law as regards to recourse actions against decisions taken by national customs authorities. Although it reached no conclusions, this preliminary referral deserves attention for two fundamental points: the articulation of administrative and judicial procedures in customs affairs and the extent of traders’ procedural …

En savoir plus »

Registration conditions for automobile vehicles

After a pre-litigation procedure triggered by a series of complaints against Lithuania and Poland by individuals, who had purchased vehicles in Ireland and the UK and were unable to register due to the fact that the driver’s seat was located on the right of the vehicle, the Commission brought against …

En savoir plus »

Road maintenance vehicles are exempt from the requirement to be fitted with Tachograph

Disputes relating to the use of tachographs, a kilometres recording equipment allowing to verify that the truck driver complies with the European legislation on rest time, tend to develop. An Estonian judge asked the Court of Justice the question of whether the Regulation (EC) No 561/2006 (EP and EC Council …

En savoir plus »

Scanned discs, working hours and salaries in France

The Court of Appeal of Nîmes has ruled that the scanning of tachograph records, as it is considered by the Court a highly secure operation unless a falsification is performed, prevails when operated by the provider chosen by the employer in case of discording results of the same scanning by …

En savoir plus »

How can a drive prove his working hours with Tachograph data ?

The Supreme Court has ruled that the trial court, used normally in the discretion left to them by Article L. 3171-4 of the Labour Code concerning the evidence of the existence of supplementary hours of work, in deciding that the driver’s request for a payment of these hours, does not …

En savoir plus »

Tachographs, data privacy and declaration to the national data protection authorities in France

The treatment of data coming from a tachograph installed in road transport vehicles are now subject to a declaration exemption by the NCIL (Exemption No. 19), whenever they have the sole purpose of controlling the use of vehicles in accordance with the regulations, including the social legislation (in compliance with …

En savoir plus »

od-alcohol limits and non-utilisation of the tachograph in France

A bus driver was stopped by police. It turned out that besides the lack of tachograph records, the breath test on the electronic device measuring the alcohol levels in the blood was positive (alcohol levels greater than 0.20 g/litre of blood). The breath test was performed using a breathalyser. However, …

En savoir plus »

Freelance and Employees in the French road transport sector

A self-employed driver, registered as a carrier and car rental company, reported in Court to be in a relationship of permanent legal subordination to his only customer. So he claimed employee status. The Labour Court, feeling incompetent in the matter, filed an objection. It appeared that the driver was bound …

En savoir plus »