Advocate General Bobek: the Court should dismiss the appeals against the General Court’s judgment annulling the excessive oxides of nitrogen emission limits the Commission set for real driving tests in the wake of the ‘dieselgate’ scandal

(Source: Court of Justice in the EU)

The Commission unlawfully altered the existing emission limits adopted by the Parliament and the
Council

In 2016, in response to the ‘dieselgate’ scandal, the Commission introduced a real driving
emissions (RDE) testing procedure to complement the previous laboratory procedure with a view
to addressing the finding that the latter procedure does not reflect the true level of pollutants during
real driving. In this context, the Commission adopted a regulation (the Amending Regulation)
defining the not-to-exceed emission limits for oxides of nitrogen during the new RDE tests to which
car manufactures must subject light passenger and commercial vehicles, in particular in the
context of approving new vehicle types. The Commission set those limits on the basis of the limits
defined for the Euro 6 standard in the Type Approval Regulation to which it applied correction
coefficients in order to take account of, in its view, statistical and technical uncertainties. For
example, for a limit defined in the Euro 6 standard at 80 mg/km, the limit was set for RDE tests at
168 mg/km for a transitional period, and subsequently at 120 mg/km.

The cities of Paris, Brussels and Madrid disputed the emission limits adopted by the Commission
and each city brought an action for annulment before the General Court of the European Union

Full Press Release – Opinions of the Advocate General in joined cases C-177/19,C-178/19,C-179/19Allemagne – Ville de Paris and Others v Commission

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