# C_2014175EN.01003102.xml

| 10.6.2014 | EN | Official Journal of the European Union | C 175/31 |
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10.6.2014

EN

Official Journal of the European Union

C 175/31

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Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 7 April 2014 — Grupo Itevelesa SL and Others v OCA Inspección Técnica de Vehículos SA and Another

(Case C-168/14)

2014/C 175/39

Language of the case: Spanish

Referring court

Referring court

Tribunal Supremo, Section Three of the Chamber for Contentious Administrative Proceedings

Parties to the main proceedings

Parties to the main proceedings

Applicants: Grupo Itevelesa SL, Applus Iteuve Technology SL, Certio ITV SL and Asistencia Técnica Industrial SAE

Applicants:

Other parties to proceedings: OCA Inspección Técnica de Vehículos SA and Generalidad de Cataluña

Other parties to proceedings:

Questions referred

Questions referred

| 1) | Does Article 2(2)[(d)] of Directive 2006/123/EC (1) of the European Parliament and of the Council of 12 December 2006 on services in the internal market exclude vehicle roadworthiness tests from the scope of the directive where national legislation provides that these are to be carried out by private commercial entities under the supervision of the authorities of a Member State? |
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1)

Does Article 2(2)[(d)] of Directive 2006/123/EC (1) of the European Parliament and of the Council of 12 December 2006 on services in the internal market exclude vehicle roadworthiness tests from the scope of the directive where national legislation provides that these are to be carried out by private commercial entities under the supervision of the authorities of a Member State?

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| 2) | If the previous question is answered in the negative (and vehicle roadworthiness tests do, in principle, fall within the scope of Directive 2006/123/EC), are the grounds for exclusion referred to in Article 2(2)(i) of the directive applicable due to the fact that the private entities providing the service are empowered, as a precautionary measure, to order that vehicles found to have safety defects such that they would represent an imminent danger if driven, should be taken off the road? |
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2)

If the previous question is answered in the negative (and vehicle roadworthiness tests do, in principle, fall within the scope of Directive 2006/123/EC), are the grounds for exclusion referred to in Article 2(2)(i) of the directive applicable due to the fact that the private entities providing the service are empowered, as a precautionary measure, to order that vehicles found to have safety defects such that they would represent an imminent danger if driven, should be taken off the road?

| 3) | If Directive 2006/123/EC applies to vehicle roadworthiness tests, does that directive, when interpreted in conjunction with Article 2 of Directive 2009/40/EC (2) of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (or the equivalent provision of its predecessor, Directive 96/96/EC), mean that it is permissible to make such activities subject to prior administrative authorisation in every case? Does what is said in paragraph 26 of the judgment of the Court of Justice of the European Union in Case C-438/08 (3) have any bearing on the reply to this question? |
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3)

If Directive 2006/123/EC applies to vehicle roadworthiness tests, does that directive, when interpreted in conjunction with Article 2 of Directive 2009/40/EC (2) of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (or the equivalent provision of its predecessor, Directive 96/96/EC), mean that it is permissible to make such activities subject to prior administrative authorisation in every case? Does what is said in paragraph 26 of the judgment of the Court of Justice of the European Union in Case C-438/08 (3) have any bearing on the reply to this question?

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| 4) | Is it compatible with Articles 10 and 14 of Directive 2006/123/EC or, if that directive is not applicable, Article 43 EC (now Article 49 TFEU), for national legislation to make the number of licences for roadworthiness testing centres subject to a local plan which justifies the quantitative restriction on the grounds of ensuring adequate local coverage, ensuring the quality of the service and encouraging competition between operators and, to that end, includes factors relating to economic planning? |
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4)

Is it compatible with Articles 10 and 14 of Directive 2006/123/EC or, if that directive is not applicable, Article 43 EC (now Article 49 TFEU), for national legislation to make the number of licences for roadworthiness testing centres subject to a local plan which justifies the quantitative restriction on the grounds of ensuring adequate local coverage, ensuring the quality of the service and encouraging competition between operators and, to that end, includes factors relating to economic planning?

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(1)  OJ 2006 L 376, p. 36.

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(2)  OJ 2009 L 141, p. 12.

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(3)  EU: C:2099:651.

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