# C_2015389EN.01000901.xml

| 23.11.2015 | EN | Official Journal of the European Union | C 389/9 |
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23.11.2015

EN

Official Journal of the European Union

C 389/9

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Judgment of the Court (Seventh Chamber) of 6 October 2015 (request for a preliminary ruling from the Tribunalul Cluj — Romania) — SC Capoda Import-Export SRL v Registrul Auto Român, Benone-Nicolae Bejan

(Case C-354/14) (1)

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((Reference for a preliminary ruling - Free movement of goods - Measures having equivalent effect - Products in free circulation in Germany - Products subject to homologation inspections in Romania - Certificate of conformity issued by a distributor in another Member State - Certificate deemed insufficient to allow the free marketing of those products - Principle of mutual recognition - Partly inadmissible))

(2015/C 389/10)

Language of the case: Romanian

Referring court

Referring court

Tribunalul Cluj

Parties to the main proceedings

Parties to the main proceedings

Applicant: SC Capoda Import-Export SRL

Applicant:

Defendants: Registrul Auto Român, Benone-Nicolae Bejan

Defendants:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 34 TFEU and Article 31(1) and (12) of 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) must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which makes the marketing in a Member State of new spare parts for road vehicles — in this case, water pumps and fuel filters — subject to the application of an approval or homologation procedure in that Member State, provided that that legislation also lays down exceptions such as to ensure that parts lawfully produced and marketed in other Member States are exempted or, failing this, that the parts in question are capable of posing a significant risk to the correct functioning of systems that are essential for the safety of the vehicle or its environmental performance and that that approval or homologation procedure is strictly necessary and proportionate in relation to the objectives of protection of road safety or of protection of the environment. |
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1.

Article 34 TFEU and Article 31(1) and (12) of 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) must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which makes the marketing in a Member State of new spare parts for road vehicles — in this case, water pumps and fuel filters — subject to the application of an approval or homologation procedure in that Member State, provided that that legislation also lays down exceptions such as to ensure that parts lawfully produced and marketed in other Member States are exempted or, failing this, that the parts in question are capable of posing a significant risk to the correct functioning of systems that are essential for the safety of the vehicle or its environmental performance and that that approval or homologation procedure is strictly necessary and proportionate in relation to the objectives of protection of road safety or of protection of the environment.

| 2. | The conditions for proving that such parts have already been approved or homologated or constitute original parts or parts of matching quality are governed, in the absence of EU rules on the matter, by the law of the Member States, subject to the principles of equivalence and of effectiveness. |
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2.

The conditions for proving that such parts have already been approved or homologated or constitute original parts or parts of matching quality are governed, in the absence of EU rules on the matter, by the law of the Member States, subject to the principles of equivalence and of effectiveness.

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(1)  OJ C 361, 13.10.2014.

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