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Case C-751/24, Girder Weiss: Request for a preliminary ruling from the Bezirksgericht für Handelssachen Wien (Austria) lodged on 29 October 2024 – Girder Weiss GmbH v Volkswagen AG
ECLI:EU:UNKNOWN:62024CN0751
62024CN0751
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Official Journal of the European Union
C series
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C/2025/1736
31.3.2025
(Case C-751/24, Girder Weiss)
(C/2025/1736)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Gebrüder Weiss GmbH
Defendant: Volkswagen AG
Question referred
Must the provisions of Directive 2007/46/EC, (<span class="oj-super oj-note-tag">1</span>) read in conjunction with Article 5(2) of Regulation (EC) No 715/2007, (<span class="oj-super oj-note-tag">2</span>) in the light of the judgment of 31 March 2023, Mercedes Benz Group (C-100/21, EU:C:2023:229), (<span class="oj-super oj-note-tag">3</span>) be interpreted as protecting the specific interests of the individual purchaser of a motor vehicle vis-à-vis the manufacturer of the engine installed in that vehicle, where that engine has been equipped by its manufacturer with a prohibited defeat device within the meaning of Article 5(2) of Regulation No 715/2007 but the vehicle manufacturer within the meaning of Article 3(27) of Directive 2007/46 is not the engine manufacturer but a subsidiary that is 100 % beneficially owned by the engine manufacturer?
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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).
(3) Judgment of 31 March 2023 (C-100/21, EU: C: 2023:229).
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ELI: http://data.europa.eu/eli/C/2025/1736/oj
ISSN 1977-091X (electronic edition)
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