CELEX: 62021CN0388
Language: en
Date: 2021-06-23 00:00:00
Title: Case C-388/21: Request for a preliminary ruling from the Landgericht Erfurt (Germany) lodged on 23 June 2021 — A v B

20.9.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 382/15
            
         
      Request for a preliminary ruling from the Landgericht Erfurt (Germany) lodged on 23 June 2021 — A v B
      (Case C-388/21)
      (2021/C 382/20)
      Language of the case: German
      
         Referring court
      
      Landgericht Erfurt
      
         Parties to the main proceedings
      
      
         Applicant: A
      
         Defendant: B
      
         Questions referred
      
      
                  1.
               
               
                  Are Articles 18(1), 26(1) and 46 of Directive 2007/46/EC, (1) read in conjunction with Articles 4, 5 and 13 of Regulation (EC) No 715/2007, (2) also intended to protect the interests of individual purchasers of motor vehicles and their assets? Does this also include the interest of an individual purchaser of a vehicle in not purchasing a vehicle which does not comply with the requirements of EU law, and in particular in not purchasing a vehicle equipped with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007?
               
            
                  2.
               
               
                  Does EU law, especially the principle of effectiveness, European fundamental rights and the inherent rights of nature, require that the purchaser of a vehicle have a civil claim for damages against the vehicle manufacturer in the event of any culpable — negligent or intentional — act on the part of the vehicle manufacturer in relation to the placing on the market of a vehicle equipped with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007?
               
            
         (1)  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) (OJ 2007 L 263, p. 1).
      
         (2)  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).