In our new TransporTrends series, we provide information together with the Kompetenznetz Logistik.NRW / LOG-IT Club e.V. we regularly inform you about current topics, decisions and trends in transport and logistics law – starting today with a landmark decision of the ECJ on cabotage.
Foreign transport companies provide transport services in Germany and German transport companies abroad. The term “cabotage”, which originally comes from the maritime industry, summarizes these processes conceptually.
Despite the fundamental freedoms of the EU, such as freedom to provide services and freedom of movement, cabotage within the EU is restricted for freight transport by road. According to Regulation (EC) No. 1072/2009 of 21.10.2009, cabotage is generally limited to three cabotage journeys in seven days. This does not apply to the transportation of goods by road in combined transport, i.e. the transportation of containers where the majority of the transport takes place by rail or water.
It was previously unclear whether the transportation of empty containers intended for combined transport to the loading and unloading points fell under the cabotage restrictions. The German authorities previously took the view that the transportation of empty containers always constituted cabotage and charged the companies for these transports as cabotage journeys. As a result, the authorities imposed fines for cabotage violations.
In its landmark ruling of 14.09.2023 (Case C-246/22), the ECJ has now determined that the transport of empty containers, as well as the transport of loaded containers in combined transport, must be exempt from cabotage restrictions.
CONCLUSION
The ECJ’s decision leads to further relaxation and is in line with the EU Commission, which is in favor of lifting cabotage restrictions as far as possible. For the market players concerned, the decision means legal certainty for their day-to-day business – for combined transport, it is a liberating blow.
The author and your usual contacts will be happy to answer any questions you may have!
Dr. Jan Hermeling
hermeling@tigges.legal
+49 211 8687 138