# C_2014439EN.01001501.xml

| 8.12.2014 | EN | Official Journal of the European Union | C 439/15 |
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8.12.2014

EN

Official Journal of the European Union

C 439/15

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Request for a preliminary ruling from the Landgericht Köln (Germany) lodged on 31 July 2014 — Sommer Antriebs- und Funktechnik GmbH v Rademacher Geräte-Elektronik GmbH & Co. KG

(Case C-369/14)

(2014/C 439/22)

Language of the case: German

Referring court

Referring court

Landgericht Köln

Parties to the main proceedings

Parties to the main proceedings

Applicant: Sommer Antriebs- und Funktechnik GmbH

Applicant:

Defendant: Rademacher Geräte-Elektronik GmbH & Co. KG

Defendant:

Questions referred

Questions referred

| 1) | Must Articles 2(1) and 3(a) of, and Annexes IA and IB to, Directive 2002/96/EC (1) of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment and/or Articles 2(1)(a) and 3(1)(a) of, and Annexes I and II to, Directive 2012/19/EU (2) of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment be interpreted as meaning that operating devices for (garage) doors with an electric voltage of approximately 220 to 240 volts, which are designed to be incorporated into the building structure together with the (garage) door, come within the concept of electrical and electronic equipment, in particular the concept of electrical and electronic tools? |
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1)

Must Articles 2(1) and 3(a) of, and Annexes IA and IB to, Directive 2002/96/EC (1) of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment and/or Articles 2(1)(a) and 3(1)(a) of, and Annexes I and II to, Directive 2012/19/EU (2) of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment be interpreted as meaning that operating devices for (garage) doors with an electric voltage of approximately 220 to 240 volts, which are designed to be incorporated into the building structure together with the (garage) door, come within the concept of electrical and electronic equipment, in particular the concept of electrical and electronic tools?

1

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| 2) | If the answer to Question 1 is in the affirmative:
  Must Annex IA, No 6, and Annex IB, No 6, to Directive 2002/96/EC and/or Article 3(1)(b) of, and Annex I, No 6, and Annex II, No 6, to, Directive 2012/19/EU be interpreted as meaning that (garage-door) operating devices, as referred to in Question (1), are to be regarded as components of large-scale stationary industrial tools within the meaning of those provisions? |
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2)

If the answer to Question 1 is in the affirmative:

Must Annex IA, No 6, and Annex IB, No 6, to Directive 2002/96/EC and/or Article 3(1)(b) of, and Annex I, No 6, and Annex II, No 6, to, Directive 2012/19/EU be interpreted as meaning that (garage-door) operating devices, as referred to in Question (1), are to be regarded as components of large-scale stationary industrial tools within the meaning of those provisions?

| 3) | If the answer to Question (1) is in the affirmative and the answer to Question (2) is in the negative:
  Must Article 2(1) of Directive 2002/96/EC and/or Article 2(3)(b) of Directive 2012/19/EU be interpreted as meaning that (garage-door) operating devices, as referred to in Question (1), are to be regarded as part of another type of equipment which does not fall within the scope of those directives? |
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3)

If the answer to Question (1) is in the affirmative and the answer to Question (2) is in the negative:

Must Article 2(1) of Directive 2002/96/EC and/or Article 2(3)(b) of Directive 2012/19/EU be interpreted as meaning that (garage-door) operating devices, as referred to in Question (1), are to be regarded as part of another type of equipment which does not fall within the scope of those directives?

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(1)  Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) — Joint declaration of the European Parliament, the Council and the Commission relating to Article 9, OJ 2002 L 37, p. 24.

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(2)  OJ 2012 L 197, p. 38.

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