Case C-326/17: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 31 May 2017 — Directie van de Dienst Wegverkeer (RDW) and Others, Other party: Z
Date: 2017-05-31
Institutions: Court of Justice
Subjects: commercial vehicle, motor vehicle, retroactivity of a law, roadworthiness tests, technical standard, vehicle documents, vehicle parts, vehicle registration








C_2017293EN.01001601.xml










4.9.2017   


EN


Official Journal of the European Union


C 293/16





Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 31 May 2017 — Directie van de Dienst Wegverkeer (RDW) and Others, Other party: Z
(Case C-326/17)
(2017/C 293/19)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


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

Other party to the proceedings: Z

Questions referred







1.


Is Council Directive 1999/37/EC (1) of 29 April 1999 on the registration documents for vehicles (OJ 1999 L 138, p. 57) applicable to motor vehicles which existed before 29 April 2009, the date on which the Member States had to apply the laws, regulations and administrative provisions required to implement Directive 2007/46/EC (2) 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)?










2.


Is a motor vehicle composed of essential parts which were manufactured before the application 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 (OJ 2007 L 263, p. 1) and, on the other hand, of essential parts which were only added after the application of that Directive, a motor vehicle which already existed before the application of that Directive, or has such a motor vehicle only come into existence after the application of that Directive?










3.


Having regard to Article 3(2) of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ 1999 L 138, p. 57), does the recognition obligation as referred to in Article 4 of that Directive apply in full if the data represented by certain Community codes (made compulsory under the Annexes to that Directive) have not been filled in, when those data could easily have been obtained?










4.


Is it permissible under Article 4 of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ 1999 L 138, p. 57) to recognise a registration certificate of another Member State, but to nevertheless submit the vehicle concerned to a technical check within the meaning of Article 24(6) 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 (OJ 2007 L 263, p. 1) and, if the vehicle fails to meet the technical requirements of the Member State, to impose the condition that the issue of the registration certificate will be refused?






(1)  OJ 1999 L 138, p. 57.

(2)  OJ 2007 L 263, p. 1.