Request for a preliminary ruling from the Landgericht Erfurt (Germany) lodged on 23 June 2021 – A v B
(Case C-388/21)
Language of the case: German
Referring court
Landgericht Erfurt
Parties to the main proceedings
Applicant: A
Defendant: B
Questions referred
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?
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?
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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).