IMI posting declaration in Germany – Mandatory for EU Transport Companies

In international transport, just one administrative mistake can cost you tens of thousands of euros. The German Customs Authority (Zoll) recently initiated misdemeanor proceedings against a transport company from Slovenia because a notification for a driver had not been submitted through the Internal Market Information System of the European Union (IMI) during work performed in Germany. The company was carrying out transport operations within the EU and was not aware that the notification was mandatory.

The result of the inspection? The initiation of proceedings under the German Minimum Wage Act (MiLoG) and a potential fine of up to €30,000.

In recent days, we have observed intensified Zoll inspections in practice and systematic checks of driver posting notifications submitted through the IMI system. Controls are carried out on highways, at terminals, in logistics centers, and during loading and unloading operations, and the IMI Declaration is one of the first things inspectors verify.

The German control authorities have two main types of inspections:

– Technical check – Through the system, it can be quickly determined whether a notification has been submitted on the IMI portal for a specific driver and a specific working period.

– Substantive check – Even if the notification has been submitted, the authorities may request complete documentation (payroll statements, working time records, employment contract, proof of payment) to verify whether the driver was paid in accordance with the German minimum wage during work performed in Germany.

Lack of awareness of the obligation, as in the case of the Slovenian company, does not exempt from liability, since the obligation to submit a notification via the IMI system applies to all EU companies that post drivers to work in Germany. Every EU transport company that sends a driver to work in Germany must submit the notification before the start of the activity.

An IMI Posting Declaration is mandatory for:
– cabotage operations in Germany,
– cross-trade operations,
– certain international transport operations.

It is important to understand that the obligation to submit a notification via the IMI system arises from EU regulations on the posting of drivers in road transport. However, sanctions for irregularities — whether for failure to submit a notification via the IMI system or for failure to pay the minimum wage — are imposed based on the national legislation of the country where the work is performed. In the case of Germany, fines are imposed under the German Minimum Wage Act (MiLoG) and other relevant national regulations.

Many companies mistakenly believe that the IMI Posting Declaration applies only to “large” operations or that a CMR consignment note alone is sufficient. This is not correct. Administrative compliance of transport companies has become a key element of risk management in international transport.

Fines under the MiLoG can reach up to €30,000 per violation. In addition to financial penalties, companies may face detailed financial audits, further inspections, and, in many cases, reputational damage. It is important to emphasize that the fines apply to the employer (the transport company), not to the driver.

Germany is mentioned here as an example of intensified inspections and high fines observed in recent days, but the IMI Posting Declaration is a European obligation arising from EU regulations on the posting of drivers in road transport. An administrative omission in the IMI system does not remain merely a technical mistake – it can become a national offense with significant financial consequences.

The system for notifying posted drivers via the IMI platform is applied in all Member States of the European Union in accordance with the rules on the posting of workers in road transport. In international transport, knowledge of IMI rules is becoming a key element of risk management and business protection.

For a professional review of obligations related to the notification of posted drivers via the IMI platform and secure compliance with regulations, contact the EXPO team.