Jurisdiction(s):
European Union

CJEU AG Opinion: Temperature/Altitude Defeat Devices Breach Regulation 715/2007; Consumers Entitled to Rescission under Directive 1999/44/EC (Cases C‑128/20, C‑134/20, C‑145/20)

Published on: 15 October 2021

Published by a LexisNexis EU Law expert

Legal News

Article summary

What are the practical implications of these cases?

These joined references give the Court of Justice another chance to examine how certain car makers have fitted engines with so‑called ‘defeat devices’. Such software and hardware alter readings for particular pollutants, making a vehicle seem to meet environmental thresholds far more frequently than it truly does. The Court has only lately clarified what amounts to a prohibited defeat device under Regulation (EC) No 715/2007, and the present matters concern the application of that interpretation to highly sophisticated systems which curtail emissions‑control depending on the temperature and the altitude at which the car is operated. The Advocate General adopts a firm, purposive reading of the Regulation and underlines its role within the European Union’s broader aims and objectives of securing a high level of environmental protection, a key element of which is the effective limitation of polluting emissions from road vehicles. The references likewise address the entitlements of consumers who purchased vehicles fitted with prohibited Those proceedings are C‑128/20 GSMB Invest, C‑134/20 Volkswagen, and C‑145/20 Porsche Inter Auto and Volkswagen, each raising questions on such technology and its consequences for purchasers and the legal remedies open to those buyers in the EU...

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