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Document 62018CN0140
Case C-140/18: Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 22 February 2018 — Humbert Jörg Köfler and Others
Case C-140/18: Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 22 February 2018 — Humbert Jörg Köfler and Others
Case C-140/18: Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 22 February 2018 — Humbert Jörg Köfler and Others
OJ C 259, 23.7.2018, p. 17–18
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Case C-140/18: Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 22 February 2018 — Humbert Jörg Köfler and Others
Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 22 February 2018 — Humbert Jörg Köfler and Others
(Case C-140/18)
2018/C 259/24Language of the case: GermanReferring court
Landesverwaltungsgericht Steiermark
Parties to the main proceedings
Appellants: Humbert Jörg Köfler, Wolfgang Leitner, Joachim Schönbeck, Wolfgang Semper
Respondent authority: Bezirkshauptmannschaft Murtal
Interested party: Finanzpolizei
Questions referred
1. |
Must Article 56 TFEU and Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services ( 1 ) and Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC ( 2 ) be interpreted as precluding a national provision which, for infringements of formal obligations in connection with the cross-border deployment of labour, such as failure by the hiring-out entity to make documents relating to pay available to the third-party employer, provides for very high fines, in particular high minimum penalties, which are imposed cumulatively in respect of each worker concerned? |
2. |
If the answer to Question 1 is in the negative: Must Article 56 TFEU and Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC be interpreted as precluding the imposition of cumulative fines for infringements of formal obligations in connection with the cross-border deployment of labour which have no absolute upper limits? |
3. |
If the answer to Question 1 or Question 2 is in the negative: Must Article 49(3) of the Charter of Fundamental Rights of the European Union be interpreted as precluding a national provision which provides for fines with no upper limit or several years’ imprisonment for non-collectible fines for offences committed as a result of negligence? |
( 1 ) OJ 1997 L 18, p. 1.
( 2 ) OJ 2014 L 159, p. 11.