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Document 62021CN0388

    Case C-388/21: Request for a preliminary ruling from the Landgericht Erfurt (Germany) lodged on 23 June 2021 — A v B

    OJ C 382, 20.9.2021, p. 15–15 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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).

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