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Case C-513/17: Request for a preliminary ruling from the Amtsgericht Köln (Germany) lodged on 22 August 2017 — Administrative penalty proceedings against Josef Baumgartner

ECLI:EU:UNKNOWN:62017CN0513

62017CN0513

August 22, 2017
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Official Journal of the European Union

C 382/33

(Case C-513/17)

(2017/C 382/40)

Language of the case: German

Referring court

Parties to the main proceedings

Other parties: Bundesamt für Güterverkehr, Staatsanwaltschaft Köln

Question referred

Is the first sentence of Article 19(2) of Regulation (EC) No 561/2006 to be interpreted as meaning that a penalty imposed on an undertaking or a manager of an undertaking pursuant to Paragraphs 30, 9 and 130 of the Gesetz über Ordnungswidrigkeiten (German Law on administrative offences, ‘OWiG’) for an administrative offence committed at the seat of the undertaking may be imposed only by the Member State in whose territory the undertaking has its seat? Or are other Member States also authorised to impose a penalty for the administrative offence when that offence has been detected on their territory?

Language of the case: German

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 (OJ 2006 L 102, p. 1).

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