Official Journal of the European Union

C series

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C/2025/233

Judgment of the Court (Sixth Chamber) of 21 November 2024 (request for a preliminary ruling from the Administrativen sad – Haskovo – Bulgaria) – ‘Еkоstroy’ EOOD v Agentsia ‘Patna infrastruktura’

(Case C-61/23,

Ekostroy)

(Reference for a preliminary ruling - Approximation of laws - Road transport - Tax provisions - Directive 1999/62/EC - Charging of heavy goods vehicles for the use of certain infrastructures - Penalties applicable to infringements of the national provisions adopted under that directive - Article 9a - Requirement of proportionality - National legislation penalising all offences by means of a flat-rate fine)

(C/2025/233)

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: ‘Еkоstroy’ EOOD

Respondent: Agentsia ‘Patna infrastruktura’

Interested party: Okrazhna prokuratura – Haskovo

Operative part of the judgment

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, as amended by Directive 2011/76/EU of the European Parliament and of the Council of 27 September 2011,

must be interpreted as meaning that the requirement of proportionality to which it refers precludes a system of penalties that provides for the imposition of a flat-rate fine or financial penalty for all offences, whatever their nature and gravity, under the rules on the obligation to make prior payment of the toll for use of a road infrastructure, including where that system provides for the possibility of being exempted from administrative criminal liability by paying a flat-rate ‘redress charge’.

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ELI: http://data.europa.eu/eli/C/2025/233/oj

ISSN 1977-091X (electronic edition)

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* Language of the case: Bulgarian.