Criminal proceedings against Marc Michielsen and Geybels Transport Service NV. (Transport) [1994] EUECJ C-394/92 (9 June 1994)

Criminal proceedings against Marc Michielsen and Geybels Transport Service NV. (Transport) [1994] EUECJ C-394/92 (9 June 1994)

The 'daily working period' under Article 15(2) of Regulation No 3821/85 includes driving time, all other periods of work, periods of availability, breaks in work, and rest periods not exceeding one hour if rest is divided. It begins when the tachograph is activated after a rest period and ends at the start of a daily rest period or a rest period of at least eight hours. The 'day' is a 24-hour period commencing with tachograph activation after rest.

Citation
[1994] EUECJ C-394/92
Parties
Defendant: Marc Michielsen; Civilly Liable Party: Geybels Transport Service
Jurisdiction
European Union
Judgment Date
09 June 1994
Procedural Posture
Preliminary Ruling (article 177 Eec) / Reference From National Court (politierechtbank Te Hasselt) to European Court of Justice
Outcome
Preliminary ruling issued; interpretation of EU law provided to national court.
Legal Topics
Interpretation of EU Regulations, Road Transport Social Legislation, Tachograph Record Keeping, Definition of Daily Working Period, Definition of Day
European Union Law Transport Law Criminal Law Interpretation of EU Regulations Road Transport Social Legislation Tachograph Record Keeping Definition of Daily Working Period Definition of Day

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Parties

Marc Michielsen

Defendant

Geybels Transport Service

Civilly Liable Party

Procedural Posture

Preliminary Ruling (article 177 Eec) / Reference From National Court (politierechtbank Te Hasselt) to European Court of Justice

Legal Issues

  1. 1 Meaning of 'period of work' and 'end of the working period' under Regulations (EEC) Nos 3820/85 and 3821/85
  2. 2 Definition of 'day' for the purposes of those regulations

Ratio Decidendi

The 'daily working period' under Article 15(2) of Regulation No 3821/85 includes driving time, all other periods of work, periods of availability, breaks in work, and rest periods not exceeding one hour if rest is divided. It begins when the tachograph is activated after a rest period and ends at the start of a daily rest period or a rest period of at least eight hours. The 'day' is a 24-hour period commencing with tachograph activation after rest.

Court Disposition

Preliminary ruling issued; interpretation of EU law provided to national court.

Orders

  • The 'daily working period' under Article 15(2) of Regulation No 3821/85 includes driving time, all other periods of work, periods of availability, breaks in work, and rest periods not exceeding one hour if rest is divided. It begins when the tachograph is activated after a rest period and ends at the start of a...
  • The term 'day' under Regulations Nos 3820/85 and 3821/85 is equivalent to a 24-hour period commencing when the tachograph is activated after a rest period.