The European Commission has decided to refer Spain to the Court of Justice of the EU for failing to comply with the conditions which must be met by undertakings in order to operate in the road transport market.
In order to satisfy the requirements laid down in Regulation (EC) No 1071/2009, an undertaking (road transport operator) shall, in the Member State concerned have at its disposal one or more vehicles which are registered in the Member State of establishment.
Spanish legislation, however, requires undertakings to have at their disposal at least three vehicles.
The Commission considers that this requirement is disproportionate and potentially discriminates against small hauliers, which very often have only one vehicle at their disposal, and are, therefore, excluded from the road transport market.
The European Commission sent a reasoned opinion to the Spanish authorities in February 2016. As Spain has failed to bring its legislation into line with EU law, the European Commission has decided to refer Spain to the Court of Justice of the EU.
Source: European Commission