Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich (Austria) lodged on 19 October 2020 — J.P. v B.d.S.L.

(Case C-521/20)

(2021/C 35/35)

Language of the case: German

Referring court

Landesverwaltungsgericht Oberösterreich

Parties to the main proceedings

Complainant: J.P.

Defendant authority: B.d.S.L.

Question referred

Is Article 50 of the Charter of Fundamental Rights of the European Union (in particular in conjunction with the Eurovignette Directive 1999/62/EC) (1) to be interpreted as meaning that the combination of national rules which — as in the case of Paragraph 20(2) of the BStMG in conjunction with Paragraph 22(2) of the VStG — requires the cumulative prosecution and punishment of serial breaches of the obligation to pay tolls committed on separate stretches of road is contrary to the prohibition of multiple prosecution and punishment if there is not simultaneously, at the legislative level, both an obligation of coordination for all the authorities and courts competent to conduct such proceedings and an explicit obligation to apply the principle of proportionality effectively in relation to the amount of the overall penalty?

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(1)  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 (OJ 1999 L 187, p. 42).