Regulations (EE) n° 3820/85 and 3281/85 (that have since been rescinded by Regulation (EC) n° 561/2006) have been the subject of new references for a preliminary ruling on the concept of an “operational centre” in the meaning of Article 1 item 5, that was already discussed by the Court in the Skill Motor Coaches Judgment (ECJ, 18 January 2001, case C-297/99, ECJ 2001, I, p. 573).
In this case, a Dutch passenger coach firm had been sentenced to a fine for infringement of Community rules. The discussion pertained to the calculation of rest time, since the hours needed by drivers to go to and from their homes to the company depot had not been taken into account.
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