# C_2020045EN.01001501.xml

| 10.2.2020 | EN | Official Journal of the European Union | C 45/15 |
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10.2.2020

EN

Official Journal of the European Union

C 45/15

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Request for a preliminary ruling from the Landgericht Gera (Germany) lodged on 16 October 2019 — PG v Volkswagen AG

(Case C-759/19)

(2020/C 45/13)

Language of the case: German

Referring court

Landgericht Gera

Parties to the main proceedings

Applicant: PG

Defendant: Volkswagen AG

Questions referred

| 1. | Are Paragraphs 6(1) and 27(1) of the EG-FGV (1) and/or Articles 18(1) and 26(1) of Directive 2007/46/EC (2) to be interpreted as meaning that the manufacturer is in breach of its obligation to issue a valid certificate pursuant to Paragraph 6(1) of the EG-FGV (and/or of its obligation to deliver a certificate of conformity pursuant to Article 18(1) of Directive 2007/46), if it has installed in the vehicle an impermissible defeat device within the meaning of Articles 5(2) and 3.10 of Regulation (EC) No 715/2007, (3) and that the placing of such a vehicle on the market is in breach of the prohibition on placing a vehicle on the market without a valid certificate of conformity pursuant to Paragraph 27(1) of the EG-FGV (and/or of the prohibition of sale without a valid certificate of conformity pursuant to Article 26(1) of Directive 2007/46)?
  If that question is to be answered in the affirmative:






  1 | a. | Are Paragraphs 6 and 27 of the EG-FGV and/or Articles 18(1), 26(1) and 46 of Directive 2007/46 aimed at protecting another person within the meaning of Paragraph 823(2) of the BGB (Bürgerliches Gesetzbuch; German Civil Code), including in particular in relation to that person’s freedom of disposal and assets? Does an end customer’s acquisition of a vehicle that has been placed on the market without a valid certificate of conformity come within the scope of the risks for the prevention of which those provisions were adopted? |
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1.

Are Paragraphs 6(1) and 27(1) of the EG-FGV (1) and/or Articles 18(1) and 26(1) of Directive 2007/46/EC (2) to be interpreted as meaning that the manufacturer is in breach of its obligation to issue a valid certificate pursuant to Paragraph 6(1) of the EG-FGV (and/or of its obligation to deliver a certificate of conformity pursuant to Article 18(1) of Directive 2007/46), if it has installed in the vehicle an impermissible defeat device within the meaning of Articles 5(2) and 3.10 of Regulation (EC) No 715/2007, (3) and that the placing of such a vehicle on the market is in breach of the prohibition on placing a vehicle on the market without a valid certificate of conformity pursuant to Paragraph 27(1) of the EG-FGV (and/or of the prohibition of sale without a valid certificate of conformity pursuant to Article 26(1) of Directive 2007/46)?

If that question is to be answered in the affirmative:

1

a.

Are Paragraphs 6 and 27 of the EG-FGV and/or Articles 18(1), 26(1) and 46 of Directive 2007/46 aimed at protecting another person within the meaning of Paragraph 823(2) of the BGB (Bürgerliches Gesetzbuch; German Civil Code), including in particular in relation to that person’s freedom of disposal and assets? Does an end customer’s acquisition of a vehicle that has been placed on the market without a valid certificate of conformity come within the scope of the risks for the prevention of which those provisions were adopted?

| 2. | Is Article 5(2) of Regulation (EC) No 715/2007 also aimed in particular at protecting the end customer, including in relation to that customer’s freedom of disposal and assets? Does an end customer’s acquisition of a vehicle in which an impermissible defeat device has been installed come within the scope of the risks for the prevention of which that provision was adopted? |
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2.

Is Article 5(2) of Regulation (EC) No 715/2007 also aimed in particular at protecting the end customer, including in relation to that customer’s freedom of disposal and assets? Does an end customer’s acquisition of a vehicle in which an impermissible defeat device has been installed come within the scope of the risks for the prevention of which that provision was adopted?

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(1)  EG-Fahrzeuggenehmigungsverordnung (EC Vehicle Approval Regulation) of 3 February 2011 (BGBl. I p. 126), last amended by Article 7 of the Regulation of 23 March 2017 (BGBl. I, p. 522).

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

(3)  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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