# C_2022037EN.01001301.xml

| 24.1.2022 | EN | Official Journal of the European Union | C 37/13 |
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24.1.2022

EN

Official Journal of the European Union

C 37/13

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Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 11 October 2021 — Funke Sp. zo.o.

(Case C-626/21)

(2022/C 37/18)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Appellant on a point of law: Funke Sp. zo.o.

Defendant authority before the Verwaltungsgericht Wien (Austria): Landespolizeidirektion Wien

Questions referred

Are

| — | Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, (1) as amended by Regulation (EC) No 765/2008 (2) and Regulation (EC) No 596/2009, (3) in particular Article 12 and Annex II, |
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Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, (1) as amended by Regulation (EC) No 765/2008 (2) and Regulation (EC) No 596/2009, (3) in particular Article 12 and Annex II,

| — | Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, in particular Articles 20 and 22, and |
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Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, in particular Articles 20 and 22, and

| — | Commission Implementing Decision (EU) 2019/417 of 8 November 2018 laying down guidelines for the management of the European Union Rapid Information System ‘RAPEX’ established under Article 12 of Directive 2001/95/EC on general product safety and its notification system (4) to be interpreted as meaning that |
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Commission Implementing Decision (EU) 2019/417 of 8 November 2018 laying down guidelines for the management of the European Union Rapid Information System ‘RAPEX’ established under Article 12 of Directive 2001/95/EC on general product safety and its notification system (4) to be interpreted as meaning that

| 1. | the right of an economic operator to complete a RAPEX notification arises directly from those provisions? |
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1.

the right of an economic operator to complete a RAPEX notification arises directly from those provisions?

| 2. | the European Commission is competent to decide on such a request?
  or |
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2.

the European Commission is competent to decide on such a request?

or

| 3. | the authority of the Member State concerned is competent to decide on such a request?
  (If Question 3 is answered in the affirmative) |
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3.

the authority of the Member State concerned is competent to decide on such a request?

(If Question 3 is answered in the affirmative)

| 4. | the (national) judicial protection against such a decision is sufficient where it is not afforded to everyone but only to the economic operator affected by the (obligatory) measure against the (obligatory) measure taken by the authority? |
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4.

the (national) judicial protection against such a decision is sufficient where it is not afforded to everyone but only to the economic operator affected by the (obligatory) measure against the (obligatory) measure taken by the authority?

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(1)  OJ 2002 L 11, p. 4.

(2)  Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ 2008 L 218, p. 30).

(3)  Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part Four (OJ 2009 L 188, p. 14).

(4)  OJ 2019 L 73, p. 121.

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