Public Prosecutor v Hansen & Son I/S [1990] EUECJ C-326/88 (10 July 1990)

Public Prosecutor v Hansen & Son I/S [1990] EUECJ C-326/88 (10 July 1990)

Regulation No 543/69 and general principles of Community law do not preclude national provisions penalizing employers for drivers' infringements of driving and rest period rules, even absent intentional act or negligence, provided penalties are proportionate and analogous to those for similar national law infringements.

Citation
[1990] EUECJ C-326/88
Parties
Defendant: Hansen & Son I/S; Intervener: Danish Government; Intervener: United Kingdom; Intervener: Commission of the European Communities
Jurisdiction
European Union
Judgment Date
10 July 1990
Procedural Posture
Preliminary Reference (article 177 EEC Treaty) / Judgment on Referred Question
Outcome
Regulation No 543/69 does not preclude national strict criminal liability for employers for drivers' infringements, subject to proportionality and analogy to national law.
Legal Topics
Strict Liability, Harmonization of Social Legislation, Road Transport, Criminal Penalties for Employers
European Union Law Criminal Law Transport Law Strict Liability Harmonization of Social Legislation Road Transport Criminal Penalties for Employers

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Parties

Hansen & Son I/S

Defendant

Danish Government

Intervener

United Kingdom

Intervener

Commission of the European Communities

Intervener

Procedural Posture

Preliminary Reference (article 177 EEC Treaty) / Judgment on Referred Question

Legal Issues

  1. 1 Does Regulation (EEC) No 543/69 preclude national provisions imposing strict criminal liability on employers for drivers' infringements of driving and rest period rules, absent intentional act or negligence?

Ratio Decidendi

Regulation No 543/69 and general principles of Community law do not preclude national provisions penalizing employers for drivers' infringements of driving and rest period rules, even absent intentional act or negligence, provided penalties are proportionate and analogous to those for similar national law infringements.

Court Disposition

Regulation No 543/69 does not preclude national strict criminal liability for employers for drivers' infringements, subject to proportionality and analogy to national law.

Orders

  • National courts may impose criminal penalties on employers for drivers' infringements of Articles 7(2) and 11, even absent intentional act or negligence, provided penalties are proportionate and analogous to national law.