# C_2019122EN.01000201.xml

| 1.4.2019 | EN | Official Journal of the European Union | C 122/2 |
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1.4.2019

EN

Official Journal of the European Union

C 122/2

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Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 15 October 2018 — NE

(Case C-645/18)

(2019/C 122/02)

Language of the case: German

Referring court

Landesverwaltungsgericht Steiermark

Parties to the main proceedings

Appellant: NE

Respondent authority: Bezirkshauptmannschaft Hartberg-Fürstenfeld

Interested party: Finanzpolizei

Questions referred

| 1. | Must Article 56 TFEU, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (1) and Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC (2) be interpreted as precluding a national provision which, for infringements of formal obligations in connection with the cross-border deployment of labour, such as a failure to make available documents relating to pay and social security documentation or a failure to report to the Central Coordination Office, provides for very high fines, in particular high minimum penalties, which are imposed cumulatively in respect of each worker concerned? |
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1.

Must Article 56 TFEU, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (1) and Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC (2) be interpreted as precluding a national provision which, for infringements of formal obligations in connection with the cross-border deployment of labour, such as a failure to make available documents relating to pay and social security documentation or a failure to report to the Central Coordination Office, provides for very high fines, in particular high minimum penalties, which are imposed cumulatively in respect of each worker concerned?

| 2. | If the answer to Question 1 is in the negative:
  Must Article 56 TFEU, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC be interpreted as precluding the imposition of cumulative fines for infringements of formal obligations in connection with the cross-border deployment of labour which have no absolute upper limits? |
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2.

If the answer to Question 1 is in the negative:

Must Article 56 TFEU, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC be interpreted as precluding the imposition of cumulative fines for infringements of formal obligations in connection with the cross-border deployment of labour which have no absolute upper limits?

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(1)  OJ 1997 L 18, p. 1.

(2)  OJ 2014 L 159, p. 11.

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