Is it possible to appeal against an excessive fine for breaches of duty when posting workers abroad?

27/04/2022

Have you inadvertently breached administrative obligations when posting employees abroad and then been disproportionately sanctioned? In this article read what the Court of Justice of the European Union ("ECJ") says about the issue. Article 20 of Directive 2014/67/EU[1] ("Article 20") states: "Member States shall lay down rules on penalties applicable in the event of infringements of national provisions adopted pursuant to this Directive and shall take all the necessary measures to ensure that they are implemented and complied with. The penalties provided for shall be effective, proportionate and dissuasive. (...)" [1] 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 ("IMI Regulation").