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Spain will be referred to the European Court of Justice because it imposes barriers to imports of heavy goods vehicles. In particular, Spanish authorities refuse to authorise for commercial use the first vehicle in road haulage operators' fleets if it is more than five months old. The decision to refer Spain to Court is taken by the European Commission because it considers that this Spanish requirement disregards the fact that these vehicles comply with European and/or national technical requirements which make them technically fit for driving in the Member State of origin. Already in October 2011, the Commission warned Spain on this topic.

The Commission believes that this requirement breaches the principle of mutual recognition derived from EU rules on the free movement of goods and is disproportionate. In addition, the Commission also believes that Spain has not justified this requirement on the basis of a legitimate justification such as environmental protection or road safety; it considers that less restrictive alternative measures would be available to the Spanish authorities to achieve such objectives.

Competition on the Spanish market is reduced and road haulage operators in Spain have less choice and risk having to pay more, as a result of this obstacle to importing heavy goods vehicles from other Member States. The free movement of goods is one of the fundamental principles of the Single Market. European Union law (Articles 34-36 of the TFEU) requires Member States to abstain from imposing restrictions on imports into or exports from other Member States unless there are legitimate public policy reasons for doing so (such as public health and safety).