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Case C-645/18: Order of the Court (Sixth Chamber) of 19 December 2019 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — NE v Bezirkshauptmannschaft Hartberg-Fürstenfeld (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Freedom to provide services — Posting of workers — Article 56 TFEU — Directive 2014/67/EU — Articles 9 and 20 — Reporting of workers — Retention of records of wages — Penalties — Proportionality — Fines of a predefined minimum amount — Cumulative — No upper limit — Court fees)
ECLI:EU:UNKNOWN:62018CB0645
62018CB0645
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Official Journal of the European Union
C 68/21
(Case C-645/18) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Freedom to provide services - Posting of workers - Article 56 TFEU - Directive 2014/67/EU - Articles 9 and 20 - Reporting of workers - Retention of records of wages - Penalties - Proportionality - Fines of a predefined minimum amount - Cumulative - No upper limit - Court fees)
(2020/C 68/20)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: NE
Defendant: Bezirkshauptmannschaft Hartberg-Fürstenfeld
Intervener: Finanzpolizei
Operative part of the order
Article 20 of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) must be interpreted as precluding national legislation which lays down, in the event of non-compliance with labour law obligations relating to the reporting of workers and the retention of records of wages, the imposition of high fines:
which may not be lower than a predefined amount;
which are imposed cumulatively in respect of each worker concerned and without an upper limit, and
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.
(<span class="super">1</span>) OJ C 122, 1.4.2019.