Judgment_paragraph 22 · Criminal proceedings against FB and JL Sàrl (C-283/23)

22In those circumstances, the Cour de cassation (Court of Cassation) decided to stay proceedings and to refer the following question to the Court of Justice for a preliminary ruling:‘[Are Article 1, Article 2(3) and Article 3 of Directive 2014/31] applicable to the use, by judicial or police authorities, of non-automatic weighing instruments for the purposes of determining the mass of vehicles for the application of national legislation or regulations which are subject to criminal penalties, and which – such as (i) Article 41(3)(1) and Article 43(3)(1) of the Law of 15 July 2013 on road haulage and implementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC and implementing Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market [(Moniteur belge of 18 February 2014, p. 13108)] and (ii) Article 21, first paragraph, point 5 and Article 35(4) of the Royal Decree of 22 May 2014 on road haulage [(Moniteur belge of 15 July 2014, p. 53667)] – prohibit the use on the road of vehicles whose measured mass exceeds the maximum authorised mass?’

Criminal proceedings against FB and JL Sàrl (C-283/23)

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