Official Journal of the European Union
Judgment of the Court (Grand Chamber) of 8 March 2022 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — NE v Bezirkshauptmannschaft Hartberg-Fürstenfeld
(Case C-205/20) (1)
(Reference for a preliminary ruling - Freedom to provide services - Posting of workers - Directive 2014/67/EU - Article 20 - Penalties - Proportionality - Direct effect - Principle of primacy of EU law)
Language of the case: German
Parties to the main proceedings
Defendant: Bezirkshauptmannschaft Hartberg-Fürstenfeld
Intervener: Finanzpolizei Team 91
Operative part of the judgment
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’), in so far as it requires the penalties provided for therein to be proportionate, has direct effect and may thus be relied on by individuals before national courts against a Member State which has transposed it incorrectly.
The principle of the primacy of EU law must be interpreted as imposing on national authorities the obligation to disapply national legislation of which a part is contrary to the requirement of proportionality of penalties laid down in Article 20 of Directive 2014/67 only to the extent necessary to enable the imposition of proportionate penalties.
(1) OJ C 348, 19.10.2020.