2.4.2005   

EN

Official Journal of the European Union

C 82/25

Reference for a preliminary ruling from the Amtsgericht Freiburg by order of that court of 14 January 2005 in the case of Bernd Voigt v Regierungspräsidium Karlsruhe–Bretten

(Case C-83/05)

(2005/C 82/51)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Amtsgericht Freiburg (Freiburg Regional Court) (Germany) of 14 January 2005, received at the Court Registry on 18 February 2005, for a preliminary ruling in the proceedings between Bernd Voigt and Regierungspräsidium Karlsruhe–Bretten on the following questions:

1.

Is Directive 70/156/EEC on type-approval, (1) as amended by Council Directive 92/53/EEC of 18 June 1992, (2) implemented in German law in the EG-TypV (Verordnung über die EG-Typgenehmigung für Fahrzeuge und Fahrzeugteile (Regulation on EC type-approval of vehicles and vehicle components) of 9 December 1994, most recently amended on 7 February 2004), to be interpreted as meaning that the driver of a motor vehicle whose vehicle has been registered as a passenger car in accordance with a vehicle authorisation based on EC type-approval is also entitled to use that vehicle, as an authorised vehicle type, on the public highway, and in particular is the driver of such a motor vehicle also subject only to the speed requirements applicable to passenger cars?

2.

May the authorities responsible for prosecuting road traffic offences declare that the vehicle authorisations in accordance with EC type-approval issued by the Kraftfahrt-Bundesamt (Federal Office for Motor Vehicles) and the registrations issued by the German registration authorities based on these EC type-approvals are not decisive when establishing the speed requirements to be complied with by the driver of such a vehicle type?

(1)  Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (OJ, English Special Edition 1970 (I), p. 96).

(2)  Council Directive 92/53/EEC of 18 June 1992 amending Directive 70/156/EEC (OJ 1992 L 225, p. 1).