Case C-759/19: Request for a preliminary ruling from the Landgericht Gera (Germany) lodged on 16 October 2019 — PG v Volkswagen AG
Date: 2019-10-16
Institutions: Court of Justice
Subjects: EC conformity marking, approval, consumer protection, market approval, motor vehicle, vehicle parts








C_2020045EN.01001501.xml










10.2.2020   


EN


Official Journal of the European Union


C 45/15






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?


















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?






(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).