Case C‑354/14

SC Capoda Import-Export SRL

v

Registrul Auto Român

and

Benone-Nicolae Bejan

(Request for a preliminary ruling from the Tribunalul Cluj)

‛Reference for a preliminary ruling — Free movement of goods — Measures having equivalent effect — Products in free circulation in Germany — Products subject to homologation inspections in Romania — Certificate of conformity issued by a distributor in another Member State — Certificate deemed insufficient to allow the free marketing of those products — Principle of mutual recognition — Partly inadmissible’

Summary — Judgment of the Court (Seventh Chamber), 6 October 2015

1. Questions referred for a preliminary ruling — Admissibility — Limits — Provisions of EU law clearly inapplicable — Questions bearing no relation to the subject matter of the case in the main proceedings — Inadmissibility

   (Art. 267 TFEU)

2. Questions referred for a preliminary ruling — Admissibility — Limits — Questions bearing no relation to the subject matter of the case in the main proceedings — Directive carrying out an exhaustive harmonisation — No ground of inadmissibility

   (Arts 34 TFEU and 267 TFEU; European Parliament and Council Directive 2007/46)

3. Free movement of goods — Quantitative restrictions — Measures having equivalent effect — National legislation which makes the marketing in a Member State of new spare parts for road vehicles subject to the application of an approval or homologation procedure — Lawfulness — Conditions — Establishment of exceptions capable of ensuring that parts lawfully marketed in other Member States are exempted from those procedures — Protection of road safety and of the environment — Burden of proof

   Principles of equivalence and of effectiveness (Art. 34 TFEU; European Parliament and Council Directive 2007/46, Arts 31(1) and 12)

1.  See the text of the decision.

   (see paras 25, 27)

2.  The issue whether Article 34 TFEU should not be interpreted because Directive 2007/46 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles fully harmonised the area in question is not a ground of inadmissibility and must be assessed in the context of the consideration of the questions referred.

   (see paras 26)

3.  Article 34 TFEU and Article 31(1) and (12) of Directive 2007/46 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles must be interpreted as not precluding national legislation which makes the marketing in a Member State of new spare parts for road vehicles, which are not included in the list in Annex XIII to the directive, subject to the application of an approval or homologation procedure in that Member State, provided that that legislation also lays down exceptions such as to ensure that parts lawfully produced and marketed in other Member States are exempted or, failing this, that the parts in question are capable of posing a significant risk to the correct functioning of systems that are essential for the safety of the vehicle or its environmental performance and that that approval or homologation procedure is strictly necessary and proportionate in relation to the objectives of protection of road safety or of protection of the environment. Where a part or piece of equipment has not yet been included in the list in Annex XIII to Directive 2007/46, and therefore pending a decision by the Commission in that respect, the Member States may maintain national provisions dealing with parts or equipment which are capable of posing a significant risk to the correct functioning of systems that are essential for the safety of the vehicle or its environmental performance, although those national provisions are to cease to be valid once a decision in this regard has been taken.

   The conditions for proving that such parts have already been approved or homologated or constitute original parts or parts of matching quality are governed, in the absence of EU rules on the matter, by the law of the Member States, subject to the principles of equivalence and of effectiveness.

   (see paras 36, 41-44, 46, operative part)