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Document 62021CN0626
Case C-626/21: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 11 October 2021 — Funke Sp. zo.o.
Case C-626/21: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 11 October 2021 — Funke Sp. zo.o.
Case C-626/21: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 11 October 2021 — Funke Sp. zo.o.
IO C 37, 24.1.2022, p. 13–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
24.1.2022 |
EN |
Official Journal of the European Union |
C 37/13 |
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? |
(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).