# C_2023094EN.01002201.xml

| 13.3.2023 | EN | Official Journal of the European Union | C 94/22 |
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13.3.2023

EN

Official Journal of the European Union

C 94/22

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Request for a preliminary ruling from the Landgericht Bochum (Germany) lodged on 15 December 2022 — Verband Wirtschaft im Wettbewerb Verein für Lauterkeit in Handel und Industrie e.V. v Roller GmbH & Co. KG

(Case C-761/22)

(2023/C 94/24)

Language of the case: German

Referring court

Landgericht Bochum

Parties to the main proceedings

Applicant: Verband Wirtschaft im Wettbewerb Verein für Lauterkeit in Handel und Industrie e.V.

Defendant: Roller GmbH & Co. KG

Questions referred

| 1. | Does Article 6(1)(a) of Regulation (EU) 2017/1369 (1) of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU directly impose an obligation on suppliers or dealers of products relevant to energy labelling to indicate the energy efficiency class and the range of energy efficiency classes in their advertising, without specific expression being given to that standard by means of a delegated act? |
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1.

Does Article 6(1)(a) of Regulation (EU) 2017/1369 (1) of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU directly impose an obligation on suppliers or dealers of products relevant to energy labelling to indicate the energy efficiency class and the range of energy efficiency classes in their advertising, without specific expression being given to that standard by means of a delegated act?

| 2. | (a) | In the event that the answer to question 1 is in the affirmative:
  Does an obligation, already to be assumed directly from Article 6(1)(a) of Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU, for suppliers or dealers of products relevant to energy labelling to indicate the energy efficiency class and the range of energy efficiency classes in their advertising result in suppliers or dealers being entitled to a certain amount of leeway regarding how that information is presented until the new delegated acts enter into force? |
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2.

(a)

In the event that the answer to question 1 is in the affirmative:

Does an obligation, already to be assumed directly from Article 6(1)(a) of Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU, for suppliers or dealers of products relevant to energy labelling to indicate the energy efficiency class and the range of energy efficiency classes in their advertising result in suppliers or dealers being entitled to a certain amount of leeway regarding how that information is presented until the new delegated acts enter into force?

| (b) | In the event that the answer to question [2](a) is in the affirmative:
  Which possibility or possibilities of presenting the required information on energy efficiency class and range of energy efficiency classes in compliance with EU law are open to suppliers and dealers until the new delegated acts enter into force? Is the combination of energy efficiency class and colour design chosen by the defendant according to Annex K 1 to the statement of claim sufficient, if applicable? |
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(b)

In the event that the answer to question [2](a) is in the affirmative:

Which possibility or possibilities of presenting the required information on energy efficiency class and range of energy efficiency classes in compliance with EU law are open to suppliers and dealers until the new delegated acts enter into force? Is the combination of energy efficiency class and colour design chosen by the defendant according to Annex K 1 to the statement of claim sufficient, if applicable?

| 3. | In the event that the answer to question 1 is in the negative:
  Is the obligation for suppliers or dealers of products relevant to energy labelling to indicate the energy efficiency class and the range of energy efficiency classes in their advertising completely suspended until the new delegated acts enter into force? |
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3.

In the event that the answer to question 1 is in the negative:

Is the obligation for suppliers or dealers of products relevant to energy labelling to indicate the energy efficiency class and the range of energy efficiency classes in their advertising completely suspended until the new delegated acts enter into force?

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(1)  Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ 2017 L 198, p. 1).

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