Anklagemyndigheden v Hansen & Soen I/S. (Member States ) [1990] EUECJ R-543/69 (10 July 1990)

Anklagemyndigheden v Hansen & Soen I/S. (Member States ) [1990] EUECJ R-543/69 (10 July 1990)

Regulation (EEC) No 543/69 and general principles of Community law do not preclude national provisions imposing criminal penalties on employers for drivers' infringements of Articles 7(2) and 11, even absent intentional or negligent conduct by the employer, provided penalties are similar to those for comparable national law breaches and proportionate to the seriousness of the infringement.

Citation
[1990] EUECJ R-543/69
Parties
Defendant/employer: Hansen & Søn I/S; Referring Court: Vestre Landsret (referring court)
Jurisdiction
European Union
Judgment Date
10 July 1990
Procedural Posture
Preliminary Ruling (article 177 Eec) / Reference From National Court (vestre Landsret) to European Court of Justice
Outcome
Regulation (EEC) No 543/69 does not preclude national strict liability provisions for employers, subject to proportionality and analogy with national law.
Legal Topics
Strict Liability of Employers, Harmonization of Social Legislation, Road Transport Regulation, Criminal Penalties for Regulatory Breaches
European Union Law Criminal Law Labour Law Transport Law Strict Liability of Employers Harmonization of Social Legislation Road Transport Regulation Criminal Penalties for Regulatory Breaches

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Parties

Hansen & Søn I/S

Defendant/employer

Vestre Landsret (referring court)

Referring Court

Procedural Posture

Preliminary Ruling (article 177 Eec) / Reference From National Court (vestre Landsret) to European Court of Justice

Legal Issues

  1. 1 Whether Regulation (EEC) No 543/69 precludes national provisions imposing strict criminal liability on employers for drivers' infringements of driving and rest period rules, absent intentional or negligent conduct by the employer

Ratio Decidendi

Regulation (EEC) No 543/69 and general principles of Community law do not preclude national provisions imposing criminal penalties on employers for drivers' infringements of Articles 7(2) and 11, even absent intentional or negligent conduct by the employer, provided penalties are similar to those for comparable national law breaches and proportionate to the seriousness of the infringement.

Court Disposition

Regulation (EEC) No 543/69 does not preclude national strict liability provisions for employers, subject to proportionality and analogy with national law.

Orders

  • National courts may impose criminal penalties on employers for drivers' infringements of Articles 7(2) and 11 of Regulation No 543/69, even without intentional or negligent conduct, provided penalties are proportionate and analogous to those for similar national law breaches.