29.5.2017

Official Journal of the European Union

C 168/12

(Joined Cases C-497/15 and C-498/15) (<span class="super note-tag">1</span>)

((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 - Toll - Member States' obligation to establish effective, proportionate and dissuasive penalties - Flat-rate fine - Proportionality))

(2017/C 168/13)

Language of the case: Hungarian

Referring court

Parties to the main proceedings

Applicants: Euro-Team Kft. (Case C-497/15), Spirál-Gép Kft. (Case C-498/15)

Defendant: Budapest Rendőrfőkapitánya

Operative part of the judgment

1.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 set out therein of proportionality of the penalties which it covers precludes a system of penalties, such as that at issue in the main proceedings, which provides for the imposition of a flat-rate fine 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;

2.Article 9a of Directive 1999/62, as amended by Directive 2011/76, must be interpreted as meaning that the requirement of proportionality referred to therein does not preclude a system of penalties, such as that at issue in the main proceedings, which institutes strict liability. However, it must be interpreted as precluding the level of the penalty provided for by that system.

(<span class="note">1</span>) OJ C 27, 25.1.2016.