# C_2017318EN.01000602.xml

| 25.9.2017 | EN | Official Journal of the European Union | C 318/6 |
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25.9.2017

EN

Official Journal of the European Union

C 318/6

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Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 27 June 2017 — Dooel Uvoz-Izvoz Skopje Link Logistic N&N v Budapest Rendőrfőkapitánya

(Case C-384/17)

(2017/C 318/10)

Language of the case: Hungarian

Referring court

Referring court

Szombathelyi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Parties to the main proceedings

Applicant: Dooel Uvoz-Izvoz Skopje Link Logistic N&N

Applicant:

Defendant: Budapest Rendőrfőkapitánya

Defendant:

Questions referred

Questions referred

| 1. | Is the requirement of proportionality laid down in Article 9a of Directive 1999/62/EC (1) of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures, and interpreted by the Court of Justice of the European Union in its judgment of 22 March 2017 in Joined Cases C-497/15 and C-498/15, Euro-Team, a directly applicable provision of the directive? |
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1.

Is the requirement of proportionality laid down in Article 9a of Directive 1999/62/EC (1) of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures, and interpreted by the Court of Justice of the European Union in its judgment of 22 March 2017 in Joined Cases C-497/15 and C-498/15, Euro-Team, a directly applicable provision of the directive?

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Euro-Team

| 2. | If the requirement of proportionality laid down in Article 9a of Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures, and interpreted by the Court of Justice of the European Union in its judgment of 22 March 2017 in Joined Cases C-497/15 and C-498/15, Euro-Team, is not a directly applicable provision of the directive:
  does the interpretation of national law in conformity with EU law permit and require the national court and administrative authority to supplement — in the absence of legislative action at national level — the relevant Hungarian legislation in the present proceedings with the substantive criteria of the requirement of proportionality, laid down in the judgment of the Court of Justice of the European Union of 22 March 2017 in Joined Cases C-497/15 and C-498/15, Euro-Team? |
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2.

If the requirement of proportionality laid down in Article 9a of Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures, and interpreted by the Court of Justice of the European Union in its judgment of 22 March 2017 in Joined Cases C-497/15 and C-498/15, Euro-Team, is not a directly applicable provision of the directive:

Euro-Team

does the interpretation of national law in conformity with EU law permit and require the national court and administrative authority to supplement — in the absence of legislative action at national level — the relevant Hungarian legislation in the present proceedings with the substantive criteria of the requirement of proportionality, laid down in the judgment of the Court of Justice of the European Union of 22 March 2017 in Joined Cases C-497/15 and C-498/15, Euro-Team?

Euro-Team

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(1)  OJ 1999 L 187, p. 42.

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