Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 11 October 2021 — Funke Sp. zo.o.

(Case C-626/21)

(2022/C 37/18)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Appellant on a point of law: Funke Sp. zo.o.

Defendant authority before the Verwaltungsgericht Wien (Austria): Landespolizeidirektion Wien

Questions referred

Are

—	Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, (1) as amended by Regulation (EC) No 765/2008 (2) and Regulation (EC) No 596/2009, (3) in particular Article 12 and Annex II,

—	Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, in particular Articles 20 and 22, and

—

Commission Implementing Decision (EU) 2019/417 of 8 November 2018 laying down guidelines for the management of the European Union Rapid Information System ‘RAPEX’ established under Article 12 of Directive 2001/95/EC on general product safety and its notification system (4) to be interpreted as meaning that

1.	the right of an economic operator to complete a RAPEX notification arises directly from those provisions?

2.	the European Commission is competent to decide on such a request? or

3.	the authority of the Member State concerned is competent to decide on such a request? (If Question 3 is answered in the affirmative)

4.	the (national) judicial protection against such a decision is sufficient where it is not afforded to everyone but only to the economic operator affected by the (obligatory) measure against the (obligatory) measure taken by the authority?

(1) OJ 2002 L 11, p. 4.

(2) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ 2008 L 218, p. 30).

(3) Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part Four (OJ 2009 L 188, p. 14).

(4) OJ 2019 L 73, p. 121.