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Document 62022CN0319
Case C-319/22: Request for a preliminary ruling from the Landgericht Köln (Germany) lodged on 11 May 2022 — Gesamtverband Autoteile-Handel eV v Scania CV AB
Case C-319/22: Request for a preliminary ruling from the Landgericht Köln (Germany) lodged on 11 May 2022 — Gesamtverband Autoteile-Handel eV v Scania CV AB
Case C-319/22: Request for a preliminary ruling from the Landgericht Köln (Germany) lodged on 11 May 2022 — Gesamtverband Autoteile-Handel eV v Scania CV AB
OJ C 340, 5.9.2022, p. 15–16
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
5.9.2022 |
EN |
Official Journal of the European Union |
C 340/15 |
Request for a preliminary ruling from the Landgericht Köln (Germany) lodged on 11 May 2022 — Gesamtverband Autoteile-Handel eV v Scania CV AB
(Case C-319/22)
(2022/C 340/19)
Language of the case: German
Referring court
Landgericht Köln
Parties to the main proceedings
Applicant: Gesamtverband Autoteile-Handel eV
Defendant: Scania CV AB
Questions referred
I. |
Does the requirement in the second sentence of Article 61(1) of Regulation (EU) 2018/858, (1) according to which ‘Information shall be presented in an easily accessible manner in the form of machine-readable and electronically processable datasets’,cover all repair and maintenance information within the meaning of point 48 of Article 3 of that regulation, or is that requirement limited to ‘spare parts information’ (‘parts of the vehicle […] that can be replaced by spare parts’) pursuant to point 6.1 of Annex X to that regulation? |
II. |
Must the second sentence of Article 61(1) of Regulation (EU) 2018/858, according to which information is to be presented ‘in an easily accessible manner in the form of machine-readable and electronically processable datasets’, and the second subparagraph of Article 61(2), according to which, for independent operators other than repairers, ‘the information shall also be given in a machine-readable format that is capable of being electronically processed with commonly available information technology tools and software and which allows independent operators to carry out the task associated with their business in the aftermarket supply chain’,be interpreted as meaning that the vehicle manufacturer fulfils its obligations in that regard only by
|
III. |
Does Article 61(1) of Regulation (EU) 2018/858 constitute, for vehicle manufacturers, a legal obligation within the meaning of Article 6(1)(c) of the GDPR which justifies the disclosure of VINs or information linked to VINs to independent operators as other controllers within the meaning of point 7 of Article 4 of the GDPR? |
(1) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ 2018 L 151, p. 1).