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Mobility and Transport

Rule on the return of the vehicle as applicable from 21 February 2022

Questions and Answers

DISCLAIMER: This document was prepared by the Commission services and does not commit the European Commission. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law.

Article 5(1)b of Regulation (EC) No 1071/2009 as amended by Regulation (EU) 2020/1055

Applicable rule: "in order to satisfy the requirement [of having an effective and stable establishment in a Member State] laid down in point (a) of Article 3(1), in the Member State of establishment an undertaking shall (…) organise its vehicle fleet’s activity in such a way as to ensure that vehicles that are at the disposal of the undertaking and are used in international carriage return to one of the operational centres in that Member State at least within eight weeks after leaving it" (Article 5(1)(b) of Regulation (EC) No 1071/2009)

I. Substance of the rule

II. Timeframe

III. Enforcement and control