In practice, determining whether a carrier is subject to the posting obligation within the EU does not depend on the duration of the journey, the type of vehicle, or the driver’s nationality, but solely on the nature of the operation being carried out. The key factor is whether the activity performed has a local economic character in the respective Member State. Thus, any operation that enters the domestic market of another Member State (such as cabotage or cross-trade) triggers the posting obligation, with all associated requirements (notification, local minimum wage, documents). In contrast, operations that do not directly affect the local market (transit or bilateral transport within legal limits) do not require posting. In practice, most issues arise in gray areas, where the activity can be interpreted as local, especially in the case of courier services or operations at logistics hubs.
In short:
- Posting = local economic activity in another EU country
- Does NOT apply to: transit, bilateral, bilateral + limited operations
- It doesn't matter: duration, vehicle, nationality
- What matters: the type of operation
- Rule: If a local company can do it → POSTING
- Applies to: cabotage, cross-trade, local operations, dominant ancillary activities
- High-risk areas: courier services, 3.5-ton vehicles, logistics hubs
Posting (secondment) is required when the driver:
– performs work within the territory of a Member State
– for the benefit of a local economic activity in that state
It doesn't matter:
– vehicle weight
– the driver's nationality
– duration (can be as short as 1 day)
It depends on the nature of the operation.
Transactions where POSTING is REQUIRED:
1. Cabotage
– domestic transport in a country other than the country of registration
– example: truck/van (RO) → loading and unloading (DE)
– requires notification, local minimum wage, and documents on board
2. Cross-trade (transport between two third countries)
– example: company RO, upload IT → download FR
– considered an economic activity in the country of operation
3. One-time domestic transport (local operation)
– local delivery
– regional distribution
– courier services / last-mile delivery
4. Activities ancillary to transportation (if predominant)
– installation
– installation
– service
– cargo handling as the primary business activity
Transactions where POSTING is NOT required:
5. Transit
– transit through a country without loading or unloading
6. Traditional bilateral transport
– country of residence ↔ another EU country
7. Two-way transport + 1 additional operation
– permitted within the established limits
– Exceeding the limit turns the transaction into a cross-trade
Gray areas (high risk of a fine):
– courier / express / 3.5-ton van
– logistics hubs
Rule of thumb:
If the work could be done by a local company → POSTING
If not → probably NO post
Frequently Asked Questions
Founder and CEO of Paneuropa Logistics
I am György Bokor, Founder and CEO of Paneuropa Logistics. I have been active in the logistics industry for more than 20 years, focusing on international transportation, freight forwarding, last-mile deliveries and customs services. I am passionate about developing efficient solutions that connect businesses across Europe.