# C_2014361EN.01000501.xml

| 13.10.2014 | EN | Official Journal of the European Union | C 361/5 |
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13.10.2014

EN

Official Journal of the European Union

C 361/5

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Request for a preliminary ruling from the Tribunalul Cluj (Romania) lodged on 22 July 2014 — SC Capoda Import Export SRL v Registrul Auto Român, Bejan Benone Nicolae

(Case C-354/14)

2014/C 361/05

Language of the case: Romanian

Referring court

Referring court

Tribunalul Cluj

Parties to the main proceedings

Parties to the main proceedings

Applicant for revision: SC Capoda Import Export SRL

Applicant for revision:

Defendants: Registrul Auto Român, Bejan Benone Nicolae

Defendants:

Questions referred

Questions referred

| 1. | Can EU law, specifically Article 34 TFEU, Article 31(1) of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (1) and Article 1(1)(t) and (u) of Commission Regulation (EC) No 1400/2002 (2) be interpreted as precluding a rule of national law such as that referred to in Article 1(2), of OG (Ordonanţa Guvernului; Government Decree) No 80/2000, in so far as it puts in place a measure having an effect equivalent to a quantitative restriction on imports, given that, in accordance with that rule, for the free movement (sale, distribution) of new products and consumable materials, included in the category of those relating to the safety of road traffic, the protection of the environment, energy efficiency and the protection against thefts of road vehicles, either an approval certificate or a certification for release for free circulation and/or marketing released by the manufacturer must be presented by the seller/distributor/dealer, or, where the seller/distributor/dealer had not obtained or was not in possession of such a certificate or certification, the certification procedure for products in question must be completed with the Registrul Auto Român (Romanian Automobile Register; ‘RAR’) and an approval certificate for release for free circulation and/or marketing released by the RAR must be obtained, and given that, even where the seller/distributor/dealer is in possession of a certificate of conformity for release for free circulation and/or marketing of parts made available by the distributor of a European Union Member State, which distributes freely such parts within the territory of that European Union Member State, such a certificate is not sufficient to allow for free movement/sale/distribution of the goods in question? |
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1.

Can EU law, specifically Article 34 TFEU, Article 31(1) of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (1) and Article 1(1)(t) and (u) of Commission Regulation (EC) No 1400/2002 (2) be interpreted as precluding a rule of national law such as that referred to in Article 1(2), of OG (Ordonanţa Guvernului; Government Decree) No 80/2000, in so far as it puts in place a measure having an effect equivalent to a quantitative restriction on imports, given that, in accordance with that rule, for the free movement (sale, distribution) of new products and consumable materials, included in the category of those relating to the safety of road traffic, the protection of the environment, energy efficiency and the protection against thefts of road vehicles, either an approval certificate or a certification for release for free circulation and/or marketing released by the manufacturer must be presented by the seller/distributor/dealer, or, where the seller/distributor/dealer had not obtained or was not in possession of such a certificate or certification, the certification procedure for products in question must be completed with the Registrul Auto Român (Romanian Automobile Register; ‘RAR’) and an approval certificate for release for free circulation and/or marketing released by the RAR must be obtained, and given that, even where the seller/distributor/dealer is in possession of a certificate of conformity for release for free circulation and/or marketing of parts made available by the distributor of a European Union Member State, which distributes freely such parts within the territory of that European Union Member State, such a certificate is not sufficient to allow for free movement/sale/distribution of the goods in question?

1

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| 2. | Can EU law, specifically Article 34 TFEU, relating to the notion of ‘measures having equivalent effect to a quantitative restriction’, Article 31(1) of Directive 2007/46/EC and Article 1(1)(t) and (u) of Commission Regulation (EC) No 1400/2002, be interpreted as precluding a national rule which provides that the certificate of conformity for the purpose of the placing on the market and/or marketing provided by the distributor in another EU Member State in relation to new products and consumable materials, included in the category of those relating to the safety of road traffic, environmental protection, energy efficiency and protection against thefts of road vehicles, is insufficient to allow the free marketing of new products and consumable materials, included in the category of those relating to the safety of road traffic, environmental protection, energy efficiency and protection against thefts of road vehicles, given that that distributor from another European Union Member State distributes these parts freely within the territory of that other European Union Member State, and notwithstanding the fact that, in accordance with the said certificate, the parts in question may be marketed in the territory of the European Union? |
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2.

Can EU law, specifically Article 34 TFEU, relating to the notion of ‘measures having equivalent effect to a quantitative restriction’, Article 31(1) of Directive 2007/46/EC and Article 1(1)(t) and (u) of Commission Regulation (EC) No 1400/2002, be interpreted as precluding a national rule which provides that the certificate of conformity for the purpose of the placing on the market and/or marketing provided by the distributor in another EU Member State in relation to new products and consumable materials, included in the category of those relating to the safety of road traffic, environmental protection, energy efficiency and protection against thefts of road vehicles, is insufficient to allow the free marketing of new products and consumable materials, included in the category of those relating to the safety of road traffic, environmental protection, energy efficiency and protection against thefts of road vehicles, given that that distributor from another European Union Member State distributes these parts freely within the territory of that other European Union Member State, and notwithstanding the fact that, in accordance with the said certificate, the parts in question may be marketed in the territory of the European Union?

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(1)  OJ L 263, p. 1.

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(2)  Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (OJ 2002 L 203, p. 30).

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