Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 11October 2021– Funke Sp. zo.o.

(Case C-626/21)

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 3December 2001 on general product safety,¹ as amended by Regulation (EC) No765/2008² and Regulation (EC) No596/2009,³ in particular Article12 and AnnexII,

-Regulation (EC) No765/2008 of the European Parliament and of the Council of 9July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No339/93, in particular Articles20 and 22, and

-Commission Implementing Decision (EU) 2019/417 of 8November 2018 laying down guidelines for the management of the European Union Rapid Information System ‘RAPEX’ established under Article12 of Directive 2001/95/EC on general product safety and its notification system¹ 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?

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¹ OJ 2002 L11, p.4.¹ Regulation (EC) No765/2008 of the European Parliament and of the Council of 9July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No339/93 (OJ 2008 L218, p.30).¹ Regulation (EC) No596/2009 of the European Parliament and of the Council of 18June 2009 adapting a number of instruments subject to the procedure referred to in Article251 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 L188, p.14).¹ OJ 2019 L 73, p. 121.