Request for a preliminary ruling from the Landgericht Köln (Germany) lodged on 25 June 2021 – ADPA European Independent Automotive Data Publishers Association international not-for-profit association – Belgian law and Gesamtverband Autoteile-Handel e.V. v Automobiles PEUGEOT SA and PSA Automobiles SA
(Case C-390/21)
Language of the case: German
Referring court
Landgericht Köln
Parties to the main proceedings
Applicants: ADPA European Independent Automotive Data Publishers Association international not-for-profit association – Belgian law, Gesamtverband Autoteile-Handel eV
Defendants: Automobiles PEUGEOT SA, PSA Automobiles SA
Questions referred
Do the provisions of Chapter XIV of Regulation (EU) 2018/858 1 (Article 61 et seq., including Annex X) also apply to those vehicle models which were type-approved for the first time before 1 September 2020, under Regulation (EC) No 715/2007? 2
If this question is answered in the negative, additionally:
Does Chapter III of Regulation (EC) No 715/2007 and, in relation to the calculation of fees, specifically Article 7 of Regulation (EC) No 715/2007, still apply in relation to these ‘end-of-life vehicles’?
Does the concept of ‘access’ to that information, which the manufacturer is required to grant under Article 61(1) of Regulation (EU) 2018/858, include giving the publishers of technical information pursuant to Article 3(45) of Regulation (EU) 2018/858 the authority to use this information for tasks associated with their business in the aftermarket supply chain, or does a right of exploitation of this kind require a separate agreement in the form of an exploitation and republishing licence, which then does not fall within the scope of Article 63 of Regulation (EU) 2018/858 as regards the fees claimed by the manufacturer in this respect?
If the first question referred is answered in the negative, and Chapter III of Regulation (EC) No 715/2007 applies to end-of-life vehicles, additionally:
Does the concept of ‘access’ to that information, which the manufacturer is required to grant under Article 6(1) of Regulation (EU) No 715/2007, include giving the publishers of technical information pursuant to Article 3(15) of Regulation (EU) No 715/2007 the authority to use this information for tasks associated with their business in the aftermarket supply chain, or does a right of exploitation of this kind require a separate agreement in the form of an exploitation and republishing licence, which then does not fall within the scope of Article 7 of Regulation (EU) 715/2007 as regards the fees claimed by the manufacturer in this respect?
Is the concept of ‘reasonable and proportionate fees’ in the first sentence of Article 63(1) of Regulation (EU) 2018/858 to be interpreted as meaning that the manufacturer must treat all independent economic operators pursuant to Article 3(45) of Regulation (EU) 2018/858 equally when calculating fees, irrespective of their commercial activity?
If the first question referred is answered in the negative, and Chapter III of Regulation (EC) No 715/2007 applies to end-of-life vehicles, additionally:
Is the concept of ‘reasonable and proportionate fees’ in the first sentence of Article 7(1) of Regulation (EU) No 715/2007 to be interpreted as meaning that the manufacturer must treat all independent economic operators pursuant to Article 3(15) of Regulation (EU) No 715/2007 equally when calculating fees, irrespective of their commercial activity?
If the third question referred is answered in the negative:
Is the concept of ‘reasonable and proportionate fees’ in the first sentence of Article 63(1) of Regulation (EU) 2018/858 to be interpreted as meaning that the fee should generally only cover the manufacturers’ costs?
If the first question referred is answered in the negative, and Chapter III of Regulation (EC) No 715/2007 applies to end-of-life vehicles, additionally:
Is the concept of ‘reasonable and proportionate fees’ in the first sentence of Article 7(1) of Regulation (EC) No 715/2007 to be interpreted as meaning that the fee should generally only cover the manufacturer’s costs?
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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).
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).