Danish Road Toll Dispute Moves to Criminal Proceedings

The introduction of Denmark’s new CO₂-based road toll system has led to important legal challenges from hauliers and industry representatives. Understanding the ongoing dispute is important for transport operators, drivers, and compliance professionals, as it highlights potential changes in toll enforcement and penalty structures within the EU regulatory framework.

Background: Denmark’s New CO₂-Based Road Toll System

Denmark implemented a CO₂-based road toll for heavy goods vehicles over 12 tonnes on 1 January 2025, replacing the Eurovignette system. The toll charges are calculated per kilometre, based on the vehicle’s emissions class and distance travelled.

A flat-rate penalty system accompanies the toll, imposing fines for any infringement, from technical errors to unpaid tolls. Initially set at 4,500 DKK (€600), the fine doubled to 9,000 DKK (€1,200) on 1 July 2025, regardless of the nature or severity of the offence. By the end of July 2025, over 40,000 fines had been issued, amounting to nearly 200 million DKK. Industry representatives argue that this flat-rate system violates the EU principle of proportionality, which requires sanctions to be commensurate with the seriousness of the offence.

Legal Challenge and Criminal Proceedings

In September 2025, International Transport Danmark (ITD) filed a lawsuit against the Danish Ministry of Transport and Ministry of Taxation, claiming that the fixed-penalty model breaches EU law. ITD demands the annulment of all fines and calls for a more proportionate and progressive penalty system.

Despite this ongoing legal challenge, the first criminal proceedings against Danish hauliers refusing to pay fines are set to begin on 28 November 2025 at Aalborg District Court. Three hauliers—Scandi Logistics, Lauge Transport, and Vognmand Finn Nielsen—are represented by ITD in these cases. ITD’s managing director, Stefan K. Schou, has criticised the prosecutions as premature, describing them as “a waste of resources” while the broader legal question remains unresolved.

Calls for Reform and European Comparisons

The Danish dispute echoes earlier controversies in Belgium, where the introduction of the Viapass toll system in 2016 led to hauliers being fined €1,000 per infringement. Following industry pressure, Belgium reformed its penalty system in 2017, introducing tiered fines ranging from €100 to €1,000 based on the offence’s severity.

ITD argues that Denmark should adopt a similar tiered approach to comply with EU law. Stefan K. Schou has pointed to the German and Belgian systems as more balanced examples that Denmark could follow to avoid breaching EU regulations.

Outlook and Implications for Transport Operators

The outcome of the criminal hearings and the broader lawsuit could have significant implications. If the courts rule in favour of the hauliers, Denmark might potentially be required to refund hundreds of millions of kroner and redesign its penalty system to align with EU standards.

Transport operators and compliance professionals should monitor developments closely, as changes to the toll and penalty system could affect operational costs and compliance requirements.

Mi Compliance Insight

Transport operators and drivers should stay informed about the evolving legal landscape surrounding toll enforcement in Denmark and across the EU. It is advisable to review current compliance procedures and prepare for potential adjustments in penalty structures. For tailored advice or further information, contact Mi Compliance.

Source: https://trans.info/en/denmark-court-road-toll-438913