# C_2019093EN.01000902.xml

| 11.3.2019 | EN | Official Journal of the European Union | C 93/9 |
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11.3.2019

EN

Official Journal of the European Union

C 93/9

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Judgment of the Court (Fourth Chamber) of 24 January 2019 (request for a preliminary ruling from the Raad van State — Netherlands) — Directie van de Dienst Wegverkeer (RDW) v X, Y and X, Y v Directie van de Dienst Wegverkeer (RDW) and Directie van de Dienst Wegverkeer (RDW) v Z

(Case C-326/17) (1)

((Reference for a preliminary ruling - Directive 1999/37/EC - Registration documents for vehicles - Omissions in the registration certificates - Mutual recognition - Directive 2007/46/EC - Vehicles manufactured prior to EU harmonisation of technical requirements - Alterations having an impact on the technical characteristics of the vehicle))

(2019/C 93/11)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicants: Directie van de Dienst Wegverkeer (RDW), X, Y

Defendants: X, Y, Directie van de Dienst Wegverkeer (RDW), Z

Operative part of the judgment

| 1. | Article 2(a) of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles, read in conjunction with Article 3(11) and (13) 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, must be interpreted as meaning that Directive 1999/37 is applicable to the documents issued by Member States at the time of the registration of vehicles manufactured before 29 April 2009, the date of expiry of the period for transposition of Directive 2007/46. |
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1.

Article 2(a) of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles, read in conjunction with Article 3(11) and (13) 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, must be interpreted as meaning that Directive 1999/37 is applicable to the documents issued by Member States at the time of the registration of vehicles manufactured before 29 April 2009, the date of expiry of the period for transposition of Directive 2007/46.

| 2. | Article 4 of Directive 1999/37, read in conjunction with Article 3(2) of that directive, must be interpreted as meaning that the authorities of the Member State in which the new registration of a second-hand vehicle is sought are entitled to refuse to recognise the registration certificate issued by the Member State in which the vehicle was previously registered where some mandatory data are missing, the data mentioned on the certificate do not match the vehicle and the certificate does not make it possible to identify the vehicle. |
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2.

Article 4 of Directive 1999/37, read in conjunction with Article 3(2) of that directive, must be interpreted as meaning that the authorities of the Member State in which the new registration of a second-hand vehicle is sought are entitled to refuse to recognise the registration certificate issued by the Member State in which the vehicle was previously registered where some mandatory data are missing, the data mentioned on the certificate do not match the vehicle and the certificate does not make it possible to identify the vehicle.

| 3. | Article 24(6) of Directive 2007/46 must be interpreted as meaning that the regime provided for therein does not apply to a second-hand vehicle already registered in a Member State which is, on the basis of Article 4 of Directive 1999/37, submitted for re-registration before another Member State authority which is competent in that regard. However, if there is evidence that the vehicle presents a risk to road safety, that authority may, pursuant to Article 5(a) of Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers, require the vehicle to be submitted for testing prior to registration. |
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3.

Article 24(6) of Directive 2007/46 must be interpreted as meaning that the regime provided for therein does not apply to a second-hand vehicle already registered in a Member State which is, on the basis of Article 4 of Directive 1999/37, submitted for re-registration before another Member State authority which is competent in that regard. However, if there is evidence that the vehicle presents a risk to road safety, that authority may, pursuant to Article 5(a) of Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers, require the vehicle to be submitted for testing prior to registration.

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(1)  OJ C 293, 4.9.2017.

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