CELEX: 62017CA0513
Language: en
Date: 2018-09-26 00:00:00
Title: Case C-513/17: Judgment of the Court (Seventh Chamber) of 26 September 2018 (request for a preliminary ruling from the Amtsgericht Köln — Germany) — Proceedings brought by Josef Baumgartner (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)

12.11.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 408/29
            
         
      Judgment of the Court (Seventh Chamber) of 26 September 2018 (request for a preliminary ruling from the Amtsgericht Köln — Germany) — Proceedings brought by Josef Baumgartner
      (Case C-513/17) (1)
      
      ((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))
      (2018/C 408/37)
      Language of the case: German
      
         Referring court
      
      Amtsgericht Köln
      
         Parties to the main proceedings
      
      
         Applicant: Josef Baumgartner
      
         Other parties: Bundesamt für Güterverkehr, Staatsanwaltschaft Köln
      
         Operative part of the judgment
      
      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.
      
         (1)  OJ C 382, 13.11.2017.