# C_2021431EN.01001001.xml

| 25.10.2021 | EN | Official Journal of the European Union | C 431/10 |
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25.10.2021

EN

Official Journal of the European Union

C 431/10

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Request for a preliminary ruling from the Landgericht Erfurt (Germany) lodged on 18 August 2021 — UM v Daimler AG

(Case C-506/21)

(2021/C 431/09)

Language of the case: German

Referring court

Landgericht Erfurt

Parties to the main proceedings

Applicant: UM

Defendant: Daimler AG

Questions referred

| 1. | Are Articles 18(1), 26(1) and 46 of Directive 2007/46/EC, (1) read in conjunction with Articles 4, 5 and 13 of Regulation (EC) No 715/2007, (2) also intended to protect the interests of individual purchasers of motor vehicles and their assets? Does this also include the interest of an individual purchaser of a vehicle in not purchasing a vehicle which does not comply with the requirements of EU law, and in particular in not purchasing a vehicle equipped with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007? |
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1.

Are Articles 18(1), 26(1) and 46 of Directive 2007/46/EC, (1) read in conjunction with Articles 4, 5 and 13 of Regulation (EC) No 715/2007, (2) also intended to protect the interests of individual purchasers of motor vehicles and their assets? Does this also include the interest of an individual purchaser of a vehicle in not purchasing a vehicle which does not comply with the requirements of EU law, and in particular in not purchasing a vehicle equipped with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007?

| 2. | Does EU law, especially the principle of effectiveness EU fundamental rights and principles, and the inherent rights of nature, require that the purchaser of a vehicle have a civil claim for damages against the vehicle manufacturer in the event of any culpable — negligent or intentional — act on the part of the vehicle manufacturer in relation to the placing on the market of a vehicle equipped with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007? |
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2.

Does EU law, especially the principle of effectiveness EU fundamental rights and principles, and the inherent rights of nature, require that the purchaser of a vehicle have a civil claim for damages against the vehicle manufacturer in the event of any culpable — negligent or intentional — act on the part of the vehicle manufacturer in relation to the placing on the market of a vehicle equipped with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007?

| 3. | Does EU law, in particular Article 267 TFEU, read in conjunction with Article 19(1) TEU and Article 47 of the Charter of Fundamental Rights, preclude provisions of German law such as Paragraph 348(3) of the German Code of Civil Procedure and the related case-law, in so far as they impede, delay or frustrate a reference to the Court of Justice of the European Union? Does this also apply to the provisions of German law on bias, such as Paragraph 42 of the German Code of Civil Procedure? |
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3.

Does EU law, in particular Article 267 TFEU, read in conjunction with Article 19(1) TEU and Article 47 of the Charter of Fundamental Rights, preclude provisions of German law such as Paragraph 348(3) of the German Code of Civil Procedure and the related case-law, in so far as they impede, delay or frustrate a reference to the Court of Justice of the European Union? Does this also apply to the provisions of German law on bias, such as Paragraph 42 of the German Code of Civil Procedure?

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(1)  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) (OJ 2007 L 263, p. 1).

(2)  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ 2007 L 171, p. 1).

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