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Court watch

European Court of Justice (ECJ), October 4, 2024
ECJ 4 October 2024, case C-541/20 to C-555/20 (Lithuania v Parliament and Council () and temps de travail), working time
Republic of Lithuania, Republic of Bulgaria, Romania, Republic of Cyprus, Hungary, Republic of Malta and Republic of Poland – v – European Parliament and Council of the European Union, EU case

Summary

Mobility package found (largely) valid. The ECJ's summary of the case is available here

Ruling

1.      In Case C‑541/20, Lithuania v Parliament and Council: Dismisses the action; Orders the Republic of Lithuania to pay the costs, including those relating to the proceedings for interim measures (Case C‑541/20 R); Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.

2.      In Case C‑542/20, Lithuania v Parliament and Council: Annuls point 3 of Article 1 of Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector, in so far as it inserts paragraph 1(b) in Article 5 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC; Dismisses the remainder of the action; Orders the parties to bear their own costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.

3.      In Case C‑543/20, Bulgaria v Parliament and Council: Dismisses the action; Orders the Republic of Bulgaria to pay the costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.

4.      In Case C‑544/20, Bulgaria v Parliament and Council: Dismisses the action; Orders the Republic of Bulgaria to pay the costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.

5.      In Case C‑545/20, Bulgaria v Parliament and Council: Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009; Dismisses the remainder of the action; Orders the parties to bear their own costs, including those relating to the proceedings for interim measures (Case C‑541/20 R); Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.

6.      In Case C‑546/20, Romania v Parliament and Council: Dismisses the action; Orders Romania to pay the costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden to bear their own costs.

7.      In Case C‑547/20, Romania v Parliament and Council: Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009; Dismisses the remainder of the action; Orders the parties to bear their own costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden to bear their own costs.

8.      In Case C‑548/20, Romania v Parliament and Council: Dismisses the action; Orders Romania to pay the costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Kingdom of Sweden to bear their own costs.

9.      In Case C‑549/20, Cyprus v Parliament and Council: Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009; Orders the Parliament and the Council to pay the costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.

10.    In Case C‑550/20, Cyprus v Parliament and Council: Dismisses the action; Orders the Republic of Cyprus to pay the costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.

11.    In Case C‑551/20, Hungary v Parliament and Council: Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009; Dismisses the remainder of the action; Orders the parties to bear their own costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.

12.    In Case C‑552/20, Malta v Parliament and Council: Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009; Dismisses the remainder of the action; Orders the parties to bear their own costs; Orders the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.

13.    In Case C‑553/20, Poland v Parliament and Council: Dismisses the action; Orders the Republic of Poland to pay the costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.

14.    In Case C‑554/20, Poland v Parliament and Council: Annuls point 3 of Article 1 of Regulation 2020/1055 in so far as it inserts paragraph 1(b) in Article 5 of Regulation No 1071/2009; Dismisses the remainder of the action; Orders the parties to bear their own costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.

15.    In Case C‑555/20, Poland v Parliament and Council: Dismisses the action; Orders the Republic of Poland to pay the costs; Orders the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the French Republic, the Italian Republic, the Republic of Latvia, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, Romania and the Kingdom of Sweden to bear their own costs.