Case C‑513/15

Proceedings brought by ‘Agrodetalė’ UAB

(Request for a preliminary ruling
from the Lietuvos vyriausiasis administracinis teismas)

(Reference for a preliminary ruling — Internal market — EC type-approval — Directive 2003/37/EC — Scope — Agricultural or forestry tractors — Placement on the market and registration in the European Union of used or second-hand vehicles imported from a third country — Concepts of ‘new vehicle’ and ‘entry into service’)

Summary — Judgment of the Court (Fifth Chamber), 15 June 2017

1. Approximation of laws—Agricultural or forestry tractors—Procedure for approval in the European Union—Directive 2003/37—Scope—Second-hand tractors imported from a third country without having EC type-approval and intended to be used for the first time within the European Union—Included

   (European Parliament and Council Directive 2003/37, as amended by Directive 2014/44, Arts 4(1)(a) and 7(1))

2. Approximation of laws—Agricultural or forestry tractors—Procedure for approval in the European Union—Directive 2003/37—Scope—Second-hand vehicles in categories T1, T2 et T3 imported from a third country and entered into service from 1 July 2009—Included

   (European Parliament and Council Directive 2003/37, as amended by Directive 2014/44, Art. 23(1)(b))

1.  Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC, as amended by Commission Directive 2014/44/EU of 18 March 2014, must be interpreted as meaning that the first placing on the market and the registration in a Member State of used or second-hand tractors imported from a third country are subject to compliance with the technical requirements laid down by that directive.

   The EU type-approval procedure, as provided for by the EU legislature, is thus based on the principle of mutual recognition of the monitoring carried out by the approval authorities of the various Member States of compliance with the requirements set out in Directive 2003/37 and in the separate directives set out in Annex II, Chapter B, thereto (see, to that effect, judgment of 18 November 2010, Lahousse and Lavichy, C‑142/09, EU:C:2010:694, paragraph 27). Its objective is to guarantee and promote the operation of the internal market while safeguarding road safety, the environment and safety at work. Having regard to its characteristics, the system established by the directive is intended, in respect of vehicles manufactured within the European Union, to apply to new vehicles. All vehicles which, when new, came under Directive 2003/37 and were entered into service within the European Union were consequently covered by EC type-approval.

   However, it must be pointed out, as the Advocate General observed in point 66 of his Opinion, that the system established by Directive 2003/37 has the aim of ensuring that all vehicles, new or used, which belong to specified categories and which are placed on the EU market for the first time, from 1 July 2009 in respect of vehicles in categories T1, T2 and T3, comply with the technical requirements laid down in that directive. Accordingly, it must be held that a second-hand vehicle imported from a third country which does not have EC type-approval and is intended to be used for the first time within the European Union is a ‘new vehicle’, within the meaning of Directive 2003/37.

   (see paras 27, 30, 31, 36, 37, operative part 1)

2.  Article 23(1)(b) of Directive 2003/37, as amended by Directive 2014/44, must be interpreted as meaning that the provisions of that directive apply to second-hand vehicles coming under categories T1, T2 and T3 and imported into the European Union from a third country, where they are entered into service in the European Union for the first time on or after 1 July 2009.

   (see para. 39, operative part 2)