Judgment_paragraph 16 · Prefettura Ufficio territoriale del governo di Firenze v MI and TB (C-870/19, C-871/19)

16Article 9, entitled ‘Risk rating system’, of Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations No 3820/85 and No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ 2006 L 102, p. 35), as amended by Commission Directive 2009/5/EC of 30 January 2009 (OJ 2009 L 29, p. 45) (‘Directive 2006/22’), provides as follows:1. Member States shall introduce a risk rating system for undertakings based on the relative number and severity of any infringements of Regulations … No 3820/85 or … No 3821/85 that an individual undertaking has committed. The Commission shall support dialogue between Member States to encourage consistency between these risk rating systems.2. Undertakings with a high risk rating shall be checked more closely and more often. The criteria and detailed rules for implementing such a system shall be discussed in the Committee referred to in Article 12, with a view to establishing a system for the exchange of information on best practices.3. An initial list of infringements of Regulation … No 3820/85 and … No 3821/85 is set out in Annex III.With a view to giving guidelines on the weighting of infringements of Regulations … No 3820/85 and … No 3821/85, the Commission may, as appropriate, in accordance with the procedure referred to in Article 12(2), adapt Annex III with a view to establishing guidelines on a common range of infringements, divided into categories according to their gravity.…’

Prefettura Ufficio territoriale del governo di Firenze v MI and TB (C-870/19, C-871/19)

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