Romantiek Transport v Vehicle & Operator Services Agency

摘要

The appellants were Belgian companies licensed in Belgium under Community Regulation 881/92/EEC to carry out the international carriage of goods by road. The licence operated as a Community-wide authorisation. Under Community Regulation 3118/93/EEC a licensed operator was given the further right to carry out "cabotage", ie the right "to operate, on a temporary basis and without quantitative restrictions, national road haulage services in another Member State, without having a registered office or other establishment in that State" (article 12(3)). Section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 required a person using vehicles in the United Kingdom to hold an operator's licence. Paragraph 23 of schedule to the implementing regulations, the Goods Vehicles (Licensing of Operators) Regulations 1995 excluded from section 2 "A vehicle permitted to carry out cabotage in the United Kingdom under Community Council Regulation (EEC) No 3118/93 dated 25th October 1993 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State".