Opinion of the Advocate General in cases C-128/20

23 Sep: According to Advocate General Rantos, the installation of software that alters the level of pollutant gas emissions of vehicles based on the outside temperature and the altitude is contrary to EU law, and such a vehicle is not in conformity with the contract of sale within the meaning of Directive 1999/44

(Source: Court of Justice of the European Union)

Increased awareness of the significance of environmental protection within the European Union isreflected, inter alia, in the intention to limit pollutant emissions. Accordingly, motor vehicles havebeen the subject of increasingly restrictive legislation, in particular with the adoption of Regulation(EC) No 715/2007 1 on type approval of motor vehicles.

These three cases concern the purchase of motor vehicles equipped with software which, on thebasis of certain temperature and driving altitude conditions, limits the reduction of nitrogen oxide(NOx) emissions.

In the case of the vehicle in the first case (C-128/20), following an update of …