Case C‑513/17
Proceedings brought by Josef Baumgartner
(Request for a preliminary ruling from the Amtsgericht Köln)
(Reference for a preliminary ruling — Transport — Road transport — Regulation (EC) No 561/2006 — Article 19(2), first subparagraph — Administrative penalty for an infringement committed in the Member State of the seat of an undertaking imposed by the competent authorities of another Member State in which the infringement was detected)
Summary — Judgment of the Court (Seventh Chamber), 26 September 2018
EU law — Interpretation — Methods — Literal, systematic and teleological interpretation
Transport — Road transport — Social provisions — Regulation No 561/2006 — Administrative penalty for an infringement committed in the Member State of the seat of an undertaking imposed by the authorities of another Member State who detected the infringement in that State — Lawfulness
(European Parliament and Council Regulation No 561/2006, Art. 19(2), first subpara.)
See the text of the decision.
(see para. 23)
The first subparagraph of Article 19(2) 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 directly authorising the competent authorities of a Member State to impose a penalty on an undertaking or a manager of the undertaking for an infringement of that regulation detected in its territory for which no penalty has already been imposed, even if the infringement was committed in the territory of another Member State in which the undertaking has its seat.
(see para. 35, operative part)