CELEX: 62014CN0287
Language: en
Date: 2014-06-11 00:00:00
Title: Case C-287/14: Request for a preliminary ruling from the Szegedi Törvényszék lodged on 11 June 2014  — Eurospeed Ltd v Szegedi Törvényszék

8.9.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 303/18
            
         Request for a preliminary ruling from the Szegedi Törvényszék lodged on 11 June 2014 — Eurospeed Ltd v Szegedi Törvényszék
   (Case C-287/14)
   2014/C 303/24
   Language of the case: Hungarian
   
      Referring court
   
   Szegedi Törvényszék
   
      Parties to the main proceedings
   
   
      Applicant: Eurospeed Ltd
   
      Defendant: Szegedi Törvényszék
   
      Questions referred
   
   
               1.
            
            
               Does the fact that a Member State is liable to make good damage resulting from a breach of EU law preclude the application of rules on liability when ruling on a claim for damages brought on that basis against the State body actually responsible for the breach?
            
         
               2.
            
            
               If the answer to the first question is in the negative, does Article 10(3) of Regulation No 561/2006/EC (1) preclude the adoption of a national law by the Member State which, in the event of breach of the requirements laid down by the Regulation, provides for the imposition of a penalty on the driver who actually committed the breach in addition to or instead of the transport company?
            
         
               3.
            
            
               If the answer to the second question is in the affirmative, must it be considered that a decision of a national administrative court which, instead of being based on Article 10(3) of Regulation No 561/2006, is based on national law contrary to that provision, is manifestly in breach of Union law?
            
         
      (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.