MIL-OSI Europe: Written question – Commission’s response in addressing social dumping following CJEU ruling on Mobility Package – P-002375/2024

Source: European Parliament

31.10.2024

Priority question for written answer  P-002375/2024
to the Commission
Rule 144
Charlie Weimers (ECR), Beatrice Timgren (ECR), Dick Erixon (ECR)

A recent judgment[1] by the Court of Justice of the EU (CJEU) has upheld most provisions of the EU Mobility Package, but has annulled the ‘return of vehicle’ requirement, citing insufficient proportionality assessment[2][3]. This provision aimed to mitigate the issue of social dumping and unfair competition by ensuring that vehicles operating in other Member States return periodically to their home country.

Studies indicate that thousands of foreign-registered vehicles operate permanently within Sweden. These operations are continuously ongoing and not of a temporary character at all, thus violating the very definition of cabotage and perpetuating social dumping practices[4].

In light of this development:

  • 1.What action will the Commission take to ensure that social dumping is effectively curbed within the EU transport sector?
  • 2.Will the Commission propose legal changes to strengthen cabotage rules and protect local markets, ensuring fair competition and adherence to social standards?
  • 3.Does the Commission have any opinion on the fact that the CJEU cited insufficient preparatory work as a reason for invalidating the ‘return of vehicle’ rule?

Submitted: 31.10.2024

  • [1] Judgment of the Court of Justice of 4 October 2024, Republic of Lithuania and Others v Parliament and Council, Joined Cases C-541/20 to C-555/20, ECLI:EU:C:2024:818.
  • [2] https://curia.europa.eu/juris/document/document.jsf?text=&docid=290673&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=385475.
  • [3] https://www.europaportalen.se/notis/2024/10/eu-domstolen-godkanner-i-stort-nya-regler-lastbilstrafik-avvisar-krav-pa-atervandande.
  • [4] https://www.svt.se/nyheter/inrikes/trots-lagskarpning-hundratals-lastbilar-kor-illegala-transporter-i-sverige.
Last updated: 4 November 2024

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