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Joined Cases C-64/18, C-140/18, C-146/18 and C-148/18: Judgment of the Court (Sixth Chamber) of 12 September 2019 (requests for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — Zoran Maksimovic (C-64/18), Humbert Jörg Köfler (C-140/18, C-146/18 and C-148/18), Wolfgang Leitner (C-140/18 and C-148/18), Joachim Schönbeck (C-140/18 and C-148/18), Wolfgang Semper (C-140/18 and C-148/18) v Bezirkshauptmannschaft Murtal (References for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Posting of workers – Retention and translation of records of wages – Work permit – Penalties – Proportionality – Fines of a minimum predefined amount – Cumulative – No upper limit – Court costs – Custodial sentence in lieu of a fine)
ECLI:EU:UNKNOWN:62018CA0064
62018CA0064
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11.11.2019
Official Journal of the European Union
C 383/17
(Joined Cases C-64/18, C-140/18, C-146/18 and C-148/18) (<span class="super note-tag">1</span>)
(References for a preliminary ruling - Article 56 TFEU - Freedom to provide services - Posting of workers - Retention and translation of records of wages - Work permit - Penalties - Proportionality - Fines of a minimum predefined amount - Cumulative - No upper limit - Court costs - Custodial sentence in lieu of a fine)
(2019/C 383/16)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Zoran Maksimovic (C-64/18), Humbert Jörg Köfler (C-140/18, C-146/18 and C-148/18), Wolfgang Leitner (C-140/18 and C-148/18), Joachim Schönbeck (C-140/18 and C-148/18), Wolfgang Semper (C-140/18 and C-148/18)
Defendant: Bezirkshauptmannschaft Murtal
Intervener: Finanzpolizei
Operative part of the judgment
Article 56 TFEU must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which provides, in respect of non-compliance with labour law obligations in relation to obtaining administrative permits and keeping records on wages, for fines to be imposed:
which may not be lower than a predefined minimum amount;
which apply cumulatively in respect of each worker concerned and without an upper limit;
to which is added a contribution to court costs of 20 % of the amount of the fines if the appeal against the decision imposing those fines is dismissed, and
which are replaced by custodial sentences in the event of non-payment.
(<span class="super">1</span>) OJ C 259, 23.7.2018.