Order of the Court (Sixth Chamber) of 13 July 2006 – Hakala v L. Simons Transport
(Case C-93/05)
Second subparagraph of Article 104(3) of the Rules of Procedure – Question the answer to which admits of no reasonable doubt – Regulation (EEC) No 3820/85 – Harmonisation of certain social legislation relating to road transport – Payments to wage-earning drivers related to distances covered – Prohibition of such a pay regime unless it does not endanger road safety
Transport – Road transport – Social provisions (Council Regulation No3820/85, Art. 10) (see paras 24-28, 30)
Re:
| Reference for a preliminary ruling – Korsholms tingsrätt – Interpretation of Article 10 of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (OJ 1985 L 370, p. 1) – Payments to a wage-earning driver based on distances covered |
Operative part:
A pay scheme based on distances covered is contrary to Article 10 of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport, unless such a scheme is of such a kind as not to endanger road safety. It is for the national court to ascertain, in view of all the circumstances of the case in the main proceedings, whether that is the case.