The case originated from Germany and involved the manager of a transport company who was fined by the Federal Office for the Carriage of Goods.
The issue centred around whether the transport of empty containers, particularly before loading or after unloading, should be considered part of combined transport or fall under the stricter regulations of cabotage operations.
Road transport of empty containers ended in more than €8,000 fine for illegal cabotage
On two occasions in 2020, BAG carried out on-the-spot checks at Contargo Rhein-Neckar GmbH and objected to 60 transport operations carried out by the Romanian company TIM-Trans Impex SRL between 6 May and 27 May 2019.
Therefore, the manager of TIM-Trans Impex was accused of having transported empty containers – in 57 cases – without the privileged treatment prescribed for combined transport under Paragraph 13 et seq. of the GüKGrKabotageV.
The Bundesamt contended that the manager exceeded the limit of three cabotage operations in seven days laid down in Article 8 of Regulation No 1072/2009.
However, the manager argued in an oral hearing that the transport of empty containers was an integral part of the wider contract for the transport of loaded containers, which was covered by the privileged treatment of combined transport under Directive 92/106.
Despite its position, BAG imposed a substantial administrative fine of EUR 8,625 on the transport manager, emphasising that the transport of empty containers before loading or after unloading is subject to the cabotage restrictions set out in Article 8 of Regulation No 1072/2009.
ECJ ruling: empty container transport can be exempt from cabotage regulations
The court’s decision, quoting Directive 92/106/EEC, stated, “the road transport of empty containers between a container terminal and a point where the goods are loaded or unloaded falls within the concept of 'combined transport”.
The directive defines combined transport as the movement of goods across Member States using various modes of transport, with the crucial factor being the use of road transport on the initial or final leg of the journey.
The court emphasized that the transport of empty containers, when carried out in immediate connection with the transport of goods, is an inseparable part of combined transport. This interpretation aligns with the directive’s objective to reduce road congestion, and environmental impact, and enhance road safety.
The ruling, quoting Directive 92/106, highlights the liberalized scheme allowing hauliers to conduct initial and/or final road haulage legs as integral parts of combined transport operations. Such operations are exempt from the stricter cabotage regulations outlined in Regulation (EC) No 1072/2009.
This decision brings clarity to the haulage industry by affirming that the road transport of empty containers within a combined transport operation benefits from the privileges laid out in Directive 92/106. It ensures a smoother and more competitive process for companies engaged in combined transport, aligning with the broader goals of the European Union’s common transport policy.