CJEU to rule on the scope and purpose of EU rules on the approval of motor vehicles
Today, three requests for a preliminary ruling were published in the Official Journal (C-759/19, C-808/19, and C-809/19). They were made by the Regional Court (Landgericht) of Gera, Germany, in the cases PG v Volkswagen, DS v Volkswagen, and ER v Volkswagen.
The referring court asks the CJEU for clarification of the meaning of some provisions of Directive 2007/46/EC regarding the approval of motor vehicles and their trailers, and of Regulation No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles and on access to vehicle repair and maintenance information.
The German court asks, firstly, about the content and scope of the car manufacturer’s obligation to deliver a certificate of conformity and to stick to the rules of permissible devices in vehicles, according to Articles 18(1) and 26(1) of Directive 2007/46/EC read in conjunction with Article 5(2) of Regulation 715/2007.
Secondly, the Landgericht poses the question of whether the aforementioned provisions, as well as Article 46 of Directive 2007/46/EC, are aimed at protecting the end customer (or the subsequent car buyer, in the case of resale on the second-hand market), including in particular in relation to that person’s freedom of disposal and assets.
Finally, the referring court asks about the requirements that such provisions impose in the event of a breach thereof for the calculation of compensation for the actual use made of the vehicle against the damage incurred by the end customer.