The Mobility Package introduced in 2022 caused considerable confusion in the international transport market, requiring carriers to change their operational organization. One of the most debated and controversial requirements was the mandatory return of trucks to their base every 8 weeks, established in Article 5(1)(b) of Regulation (EC) No. 1071/2009. However, on October 4, 2024, the European Court of Justice (ECJ) issued a ruling that eliminates this requirement. This is a significant turning point for the entire transport industry.

Why Was the Requirement Criticized?

The mandatory return to base was presented as part of the Mobility Package aimed at improving working conditions for drivers and ensuring fair competition in the EU transport market. However, this provision quickly faced harsh criticism from both carriers and member states, including Lithuania, Poland, Malta, and Hungary.

Critics of this requirement pointed out that it increased operational costs, resulted in additional CO2 emissions, which contradicted the EU’s climate goals, and distorted competition, as the requirement applied only to EU carriers and not to companies from third countries. Such provisions created unequal conditions in international transport.

The ECJ’s Decision and Its Significance

After prolonged legal disputes, on October 4, 2024, the ECJ issued a ruling in the joined cases (C-541/20 to C-555/20), which included complaints about the mandatory return of trucks to their base. The court decided to abolish this requirement, noting that EU lawmakers did not have sufficient information to assess the proportionality of this measure.

This decision is a significant relief for carriers in Lithuania and other EU countries. The removal of the requirement for trucks to return to base allows for optimized planning of international transport, reduced operational costs, and greater flexibility in logistics processes. Furthermore, it enhances competitiveness in the market, especially in cases where carriers need to respond more flexibly to changing market demands.

A Significant Victory for the Transport Sector

Although many provisions of the Mobility Package remain in effect, the abolition of the mandatory return of trucks to their base every 8 weeks is a major victory for the transport sector. This not only reduces the administrative burden on carriers but also creates more favorable conditions for competition in the international market.

If you want to be prepared for new regulatory changes, we invite you to contact ASSISTPRO, which specializes in transport law.