Judgment of the Court (First Chamber) of 28 July 2011 (reference for a preliminary ruling from the Oberlandesgericht Stuttgart (Germany)) — Criminal proceedings against Andreas Michael Seeger

(Case C-554/09) (1)

(Road transport - Obligation to use recording equipment - Derogations for vehicles transporting materials - Meaning of ‘materials’ - Carriage of empty bottles in the vehicle of a wine and drinks merchant)

2011/C 298/07

Language of the case: German

Referring court

Oberlandesgericht Stuttgart

Party in the main proceedings

Andreas Michael Seeger

Re:

Reference for a preliminary ruling — Oberlandesgericht Stuttgart — Interpretation of the second indent of Article 13(1)(d) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ 2006 L 102, p. 1) — System of exceptions exempting, inter alia, vehicles used for carrying materials for the driver’s use in the course of his work from the obligation to have a tachograph — Applicability of that exception to the carriage of empty returnable bottles in the vehicle of a wine and drinks merchant — Meaning of ‘materials’

Operative part of the judgment

The expression ‘materials’ appearing in Article 13(1)(d), second indent, of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 must be interpreted as not covering packaging materials, such as empty bottles, carried by a wine and drinks merchant who runs a shop, makes deliveries to his customers once a week and, while doing so, collects the empty bottles to take them to his wholesaler.

(1)  OJ C 80, 27.3.2010.