The penalties imposed by the Agency "Road Infrastructure" penalties on carriers for unpaid toll segments are illegal and disproportionate according to a decision of the Court of Justice of the European Union, the Chamber of Motor Carriers reports.
"On November 21, 2024. the sixth chamber of the Court of the EU in Luxembourg issued an important decision concerning the imposition of property sanctions on individuals and legal entities for unpaid fees for using the road infrastructure. The preliminary inquiry was made by the Administrative Court - Haskovo on the occasion of a case brought before it, in which a transport company disputes the electronic slip issued against it by API for the imposition of a property sanction for unpaid toll tax, the chamber stated, quoted by BTV.
The Court of the European Union has determined that the fines imposed by the API contradict the basic principle of proportionality of the pecuniary sanction with the gravity of the offense committed.
Currently, in Bulgarian legislation, the penalties are fixed, regardless of the severity of the violation. API imposes a property sanction of BGN 2,500. of legal entities and administrative penalty "fine" from BGN 1,800 to natural persons, providing the possibility of exemption with the payment of a "compensatory fee" from BGN 750
The offense system is imposed for partially or fully unpaid tolls. The amount of the sanction thus determined is the same for all violations. According to the EU Court, this violates the principle of proportionality and such sanctions should not be imposed.
The court's decision states that "a system of penalties that provides for the imposition of a fine or a fixed monetary penalty for all violations of the rules" is not allowed, as well as that "the foreseen possibility of exemption from administrative criminal liability by paying a "compensatory fee" with a fixed amount of BGN 750, in the presence of the requirements specified in the law, again cannot change the conclusion that the national legal system is in conflict with the law of the union".
"We will not get tired and will continue to fight until we see that in Bulgaria we have a working toll system that collects the majority of the fees from transit traffic, which gives a competitive advantage to Bulgarian carriers, local business and the Bulgarian consumer. Let's not forget that tolls are the fairest way of road charging, but for this purpose there must also be adequate road infrastructure", the association writes.