CJEU: National Laws Should Be Set Aside in Favour of EU Legislation Where Necessary
Miklós Halász-Szabó 2018.10.05.
Hungarian courts should, where necessary, abandon national laws and comply with EU law, the Court of Justice of the European Union said, ruling on a case concerning a fine imposed in Hungary due to the non-payment of road tolls by heavy vehicles.
The fine should be proportionate to the gravity of the infringement, the Luxembourg court said, referring to the case involving Hungarian company Link Logistik N and N.
The court said the Hungarian law penalises failure to pay the road toll without taking into account the gravity of the infringement, and this is contrary to EU law.
The CJEU ruled that in cases in which national legislation cannot be interpreted in accordance with EU provisions requiring the principle of proportionality, the national court must apply EU law in its entirety.