The EU Court rules in favor of Denmark in the case of cabotage transport

The EU Court of Justice rules in favor of Denmark, stating that it was not in violation of EU law when Denmark introduced a restriction on cabotage bus services.

The case concerns an administrative practice that Denmark introduced in November 2019. The case was brought by the EU Commission.

The practice means that non-Danish transport companies may only perform cabotage bus services if the transport takes place within “seven consecutive days in a calendar month.”

Specifically, this means that a foreign transport company may not perform two cabotage bus services in Denmark during a calendar month if there is more than a week between the transports.

The Commission believes that by introducing this practice, Denmark has limited the opportunities for transport companies to perform cabotage services in Denmark.

Cabotage refers to the transport of goods or passengers between different destinations in the same country using a vehicle from another country.

The Danish practice and the ruling from the EU Court of Justice relate to bus transport.

In the ruling from the EU Court of Justice, it states that the Danish practice is not in violation of EU law.

The Court does not believe that the EU Commission has proven that Denmark has violated its obligations in connection with the practice.

When the Danish rule was introduced in 2019, it was, according to a press release from the Minister of Transport, an initiative to prevent social dumping in the road transport sector.

In this context, it was also stated that the rules in the EU are unclear and imprecise, and that there were no common guidelines on how the rules should be interpreted.

The EU regulation on cabotage states that it is permitted for “occasional transport.”

The ruling states that the concept of “occasional transport” is defined in such a way that member states can decide how it should be applied.

For the interest organization Dansk Erhverv, it is positive that Denmark has won the case, as it creates clarity about the rules regarding cabotage bus services.

– Now that the ruling is in Denmark’s favor, it is crucial that effective enforcement is carried out so that the competitive conditions are equal, says Jesper Kronborg, branch director for Dansk Erhverv Transport, in a written statement.