Prevention of Social Wages Dumping and the Employment of Foreigners in Austria: Rihs, Das EuGH-Urteil Maksimovic. Dienstleistungsfreiheit und GRC vs. VStG, bauauktuell, Verlag Linde, 2020, Heft 1, S. 12 ff i.e. The ECJ-judgement Maksimovic: freedom of services and Charta of Fundamental Rights against Austrian Administrative Penalties Code, Journal Construction Up-To-Date (bauaktuell), published by Linde (Link), 2020, 12
In the last edition of the Austrian legal journal Construction Update („bauaktuell“), published by Linde publishing house, Dr. Georg Rihs analyses the consequences of the ECJ-judgement Maksimovic on the punitive provisions in the Austrian Act on the Prevention of Social- and Wages Dumping („LSD-BG“) and the Foreign Employment Act („AuslBG“) as well as on the general rules on administrative penalty proceedings in Austria according to the Administrative Penalties Code („VStG“), especially the cumulation of penalties.
The Austrian courts are bound to implement the ECJ-ruling and apply the principle of cumulation with consideration to its limits under EU law. See also (Link).
For alleged perpetrators in administrative penalty proceedings based on alleged infringements of the Act on the Prevention of Social- and Wages Dumping („LSD-BG“) and the Foreign Employment Act („AuslBG“), the new case law provides for (further) arguments against (high) penalties.
We will gladly advise and represent you in pending penalty proceedings according to the Act on the Prevention of Social- and Wages Dumping („LSD-BG“) and the Foreign Employment Act („AuslBG“). We may also advise you in preparations for secondments and deployments of workers to Austria in order to prevent penalties.
Please contact us if you wish additional information, legal advise and representation in administrative penalty proceedings in Austria!