Request for a preliminary ruling from the Аdministrativen sad Haskovo (Bulgaria) lodged on 7 February 2023 — ‘Ekostroy’ EOOD v Agentsia ‘Patna infrastruktura’

(Case C-61/23, Еkostroy)

(2023/C 189/14)

Language of the case: Bulgarian

Referring court

Аdministrativen sad Haskovo

Parties to the main proceedings

Appellant:‘Ekostroy’ EOOD

Respondent: Agentsia ‘Patna infrastruktura’

Question referred

Must Article 9a of Directive 1999/62/EC (1) 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 be interpreted as meaning that the requirement laid down in that article that penalties for infringements of the national provisions adopted pursuant to that directive must be proportionate precludes national legislation, such as that at issue in the main proceedings, which provides for the imposition of a flat-rate fine (on natural or legal persons) for infringements of the provisions relating to the obligation to ascertain and pay in advance a toll for the use of the road infrastructure, irrespective of the nature and gravity of the infringement, with the option of being exempted from liability to pay an administrative penalty through payment of a so-called ‘redress charge’?

(1)  OJ 1999 L 187, p. 42.