# C_2015046EN.01002301.xml

| 9.2.2015 | EN | Official Journal of the European Union | C 46/23 |
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9.2.2015

EN

Official Journal of the European Union

C 46/23

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Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 10 November 2014 — EL-EM-2001 Ltd. v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága

(Case C-501/14)

(2015/C 046/29)

Language of the case: Hungarian

Referring court

Referring court

Szegedi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Parties to the main proceedings

Applicant: EL-EM-2001 Ltd.

Applicant:

Defendant: Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága

Defendant:

Questions referred

Questions referred

| 1) | Should Article 19(1) of Regulation No 561/2006/EC (1) be interpreted as meaning that, in the event of an infringement, the measure necessary in order to implement a penalty stipulated and applied by the Member State may only be applied to the person who has committed the infringement?
  To put it in different terms: in the light of Article 18 of Regulation No 561/2006/EC, is it a breach of the obligation upon Member States pursuant to the first sentence of Article 19(1) of Regulation No 561/2006/EC if national legislation provides that a measure which is necessary in order to implement a penalty stipulated and applied by the Member State may be applied to a (natural or legal) person who has not been found by means of an administrative procedure to have committed an infringement? |
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1)

Should Article 19(1) of Regulation No 561/2006/EC (1) be interpreted as meaning that, in the event of an infringement, the measure necessary in order to implement a penalty stipulated and applied by the Member State may only be applied to the person who has committed the infringement?

1

To put it in different terms: in the light of Article 18 of Regulation No 561/2006/EC, is it a breach of the obligation upon Member States pursuant to the first sentence of Article 19(1) of Regulation No 561/2006/EC if national legislation provides that a measure which is necessary in order to implement a penalty stipulated and applied by the Member State may be applied to a (natural or legal) person who has not been found by means of an administrative procedure to have committed an infringement?

| 2) | If the answer to Question I is negative, should Article 19(1) of Regulation No 561/2006/EC be taken to mean that, where a measure is taken against a third (natural or legal) person on account of an infringement by a different person, despite the fact that it has not been established that the third person committed the infringement, the measure constitutes a penalty applied to him irrespective of the name given to it? |
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2)

If the answer to Question I is negative, should Article 19(1) of Regulation No 561/2006/EC be taken to mean that, where a measure is taken against a third (natural or legal) person on account of an infringement by a different person, despite the fact that it has not been established that the third person committed the infringement, the measure constitutes a penalty applied to him irrespective of the name given to it?

| 3) | If the answer to Question II is affirmative, is the prohibition on subjecting an infringement to more than one assessment, as laid down in Article 19(1) of Regulation No 561/2006/EC, breached by national legislation which makes it possible, in order to implement a penalty applied because of an infringement of rules by the driver of a vehicle, to impose on a different (natural or legal) person something described as a measure which, however, in terms of its content, is a penalty? |
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3)

If the answer to Question II is affirmative, is the prohibition on subjecting an infringement to more than one assessment, as laid down in Article 19(1) of Regulation No 561/2006/EC, breached by national legislation which makes it possible, in order to implement a penalty applied because of an infringement of rules by the driver of a vehicle, to impose on a different (natural or legal) person something described as a measure which, however, in terms of its content, is a penalty?

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(1)  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.

1

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