ECJ: No Transfer of Working Times Compliance to Third Parties

May 26, 2023 Benn-Ibler Rechtsanwälte

Road transport operators cannot discharge themselves of their responsibility for compliance with the driving and rest times of drivers by transferring this responsibility to third parties, according to a recent ruling by the European Court of Justice (hereinafter ECJ) on the responsibility of road transport companies. Such national rules are contrary to EU law, as they prevent the reliability of such companies from potentially being called into question and the imposition of sanctions on them.

Under EU law, transport undertakings are required to comply with the requirement of good repute. Neither the undertaking nor its transport manager may have been sanctioned or convicted of a serious infringement or criminal offence against EU law concerning driving times and rest periods, working times, and the installation and use of recording equipment.

In the case at hand, an Austrian road transport undertaking had, in accordance with national law, appointed a ‘representative in charge’ who was responsible for compliance with working time regulations in the company. However, this person was neither entitled to represent the company externally nor was he or she a transport manager. Due to violations of daily driving times and tachograph use, several fines were imposed on this representative who then appealed to the competent Austrian court. In the view of the national court, the appointment of a ‘representative in charge’ transfers criminal liability for any infringements to this person. It was not entirely clear whether such an appointment was compatible with EU law. The court subsequently referred this question to the ECJ for a preliminary ruling.

The ECJ held as follows:

This specific national law causes that serious infringements of EU law by the ‘representative’ prevents the good repute of the road transport undertaking of being called into question. It also prevents sanctions from being imposed on the undertaking. Judgments imposed on the representative would never lead to a procedure for reviewing the good repute of the road transport undertaking and, consequently, never to the loss of the company’s good repute.

ECJ, C-155/22 (11.05.2023)