Judgment_paragraph 33 · Eurospeed Ltd v Szegedi Törvényszék (C-287/14)

33In this respect, contrary to the referring court’s suggestion, it cannot be concluded that Article 19(2) of Regulation No 561/2006 refers solely to the case of an infringement being committed on the territory of another Member State. Since the first sentence of Article 19(2) of the regulation expressly provides that the possibility of the competent authorities of a Member State imposing a penalty on an undertaking and/or a driver for an infringement of the regulation exists ‘even where that infringement has been committed on the territory of another Member State or of a third country’, that implies a contrario that a Member State is in any event entitled to impose a penalty either on an undertaking or on a driver or on both for an infringement committed on its territory. Contrary to the interpretation adopted by the referring court, the fact that that provision extends the possibility of imposing penalties to infringements of Regulation No 561/2006 committed outside the territory of the Member State concerned cannot be interpreted as restricting the infringements capable of being penalised to those committed on the territory of another State.