1.7.2019 |
EN |
Official Journal of the European Union |
C 220/20 |
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen (Germany) lodged on 18 April 2019 — BY and CZ v Federal Republic of Germany
(Case C-321/19)
(2019/C 220/26)
Language of the case: German
Referring court
Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Parties to the main proceedings
Applicants: BY, CZ
Defendant: Federal Republic of Germany
Questions referred
1. |
Can an individual toll-payer rely, before national courts, on compliance with the provisions regarding the calculation of the toll under Article 7(9) and Article 7a(1) and (2) of Directive 1999/62/EC as amended by Directive 2006/38/EC (1) (regardless of the arrangements in Article 7a(3) in conjunction with Annex III thereto), if, in the statutory determination of tolls, the Member State did not fully comply with those provisions or incorrectly implemented them to the detriment of the toll-payer? |
2. |
If Question 1 is to be answered in the affirmative:
|
3. |
If Question 2(b) is to be answered in the affirmative:
|