Judgment of the General Court (Seventh Chamber) of 8 October 2015 —
Czech Republic v Commission
(Cases T‑659/13 and T‑660/13)
Transport — Directive 2010/40/EU — Intelligent Transport Systems — Delegated Regulation (EU) No 885/2013 — Provision of information services for safe and secure parking places for trucks and commercial vehicles — Article 3(1), Article 8 and Article 9(1)(a) of Delegated Regulation No 885/2013 — Delegated Regulation (EU) No 886/2013 — Data and procedures for the provision of road safety-related minimum universal traffic information free of charge to users — Article 5(1), Article 9 and Article 10(1)(a) of Delegated Regulation No 886/2013
1. EU institutions — Exercise of powers — Power conferred on the Commission to adopt delegated acts — Obligation not to modify the essential elements of the basic legislative act – Designation by Regulations No 885/2013 and No 886/2013 of zones and sections of the transeuropean road network subject to the deployment of Intelligent Transport Systems — Lawfulness (Art. 290 TFEU; Commission Regulations No 885/2013, Art. 3(1), and No 886/2013, Art. 5(1); European Parliament and Council Directive 2010/40, Art. 5(1)) (see paras 40-43)
2. EU institutions — Exercise of powers — Power conferred on the Commission to adopt delegated acts — Commission’s power of assessment to complete legislation in the area concerned — Establishment by Regulations No 885/2013 and No 886/2013 of an obligation on Member States to designate a body entrusted with monitoring operators’ compliance with the requirements laid down by those regulations — Lawfulness (Art. 290 TFEU; Commission Regulations No 885/2013, Art. 8(1), and No 886/2013, Art. 9(1); European Parliament and Council Directive 2010/40, Art. 6(1), and Annex II) (see paras 47, 49, 62, 63, 66, 72-74)
Re:
| In Case T‑659/13, application for annulment of Commission Delegated Regulation (EU) No 885/2013 of 15 May 2013 supplementing ITS Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of information services for safe and secure parking places for trucks and commercial vehicles (OJ 2013 L 247, p. 1) and, in the alternative, application for annulment of Article 3(1), Article 8 and Article 9(1)(a) of Delegated Regulation No 885/2013, and, in Case T‑660/13, application for annulment of Commission Delegated Regulation (EU) No 886/2013 of 15 May 2013 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to data and procedures for the provision, where possible, of road safety-related minimum universal traffic information free of charge to users (OJ 2013 L 247, p. 6) and, in the alternative, application for annulment of Article 5(1), Article 9 and Article 10(1)(a) of Delegated Regulation No 886/2013. |
Operative part
The Court:
1. | | Joins Cases T‑659/13 and T‑660/13 for the purposes of the judgment; |
3. | | Orders the Czech Republic to pay the costs. |