Judgment_paragraph 45 · Criminal proceedings against Ömer Altun and Others (C-359/16)

45If the Administrative Commission does not succeed in reconciling the points of view of the competent institutions on the question of the legislation applicable, it is at the least open to the Member State in which the employee concerned actually works, without prejudice to any legal remedies existing in the Member State to which the issuing institution belongs, to bring infringement proceedings under Article 259 TFEU, in order to enable the Court to examine in those proceedings the question of which legislation applies to such an employee and, consequently, whether the information contained in the E 101 certificate is accurate (judgment of 27 April 2017, A-Rosa Flussschiff, C‑620/15, EU:C:2017:309, paragraph 46 and the case-law cited).