General Court of the EU orders reversal to decision that allowed carmakers to exceed emissions limits by up to 110 per cent during on-road tests
The European Commission has been ordered to strengthen air pollution test limits for new cars after a successful legal challenge to emissions the current rules brought by the cities of Brussels, Madrid, and Paris.
Hailed as a "landmark" ruling by green campaigners, the General Court of European Union (EGC) yesterday found the EU Commission did not have the power to amend limits for new real driving emissions tests, which were introduced following the 2015 Volkswagen 'dieselgate' scandal.
The 2016 regulation is designed to combat air pollution from road vehicles, setting the maximum acceptable nitrogen oxide (NOx) emissions limits for new diesel cars during the EU's Real Driving Emissions (RDE) tests. All cars must past these tests before they can go on sale in the EU.
The new RDE tests were aimed at addressing concerns that previous laboratory-based testing of emissions from cars underestimated the actual amount of air pollution produced by vehicles in real driving conditions.
However, rather than enforcing the 80mg/km NOx emissions limits agreed by the European Parliament in 2007, the Commission agreed to grant car manufacturers additional time to gradually adapt to the new RDE rules, following lobbying from the industry.
The concession meant new diesel vehicles could in practice emit up to more than double the stipulated emissions limits on NOx during the RDE tests until 2021, and still by up to 50 per cent over the limit thereafter - an effective loophole to the rules known as the 'conformity factor'.
But the EGC - a constituent court of the ECJ - yesterday found in favour of a legal challenge to the rules brought by Brussels, Madrid and Paris, effectively quashing the 'conformity factor' rule while giving the European Commission 12 months to amend the legislation in order to bring it into compliance with the ruling.
It ruled the Commission demonstrated a "lack of competence" in amending the RDE rules, and had "no power" to provide the concessions.
The Mayor of Paris, Anne Hidalgo - who previously described the conformity factor rule as a "license to pollute" for carmakers - welcomed yesterday's ECJ ruling. "For too long car manufacturers and industrial lobbies have been able to dictate the rules that regulate some of their most polluting products," she said. "Today, the General Court of the European Union backed our argument that this is a betrayal of the people of Europe."
The ruling also potentially has wider ramifications, as it sets a new legal precedent that local authorities can challenge the European Commission in court for their failure to improve the air quality in EU cities and communities, according to Ugo Taddei, a lawyer at green NGO ClientEarth.
"This is great news not only for the people of Brussels, Madrid and Paris, but for all Europeans, as this ruling will help to clean up the air all across the EU," he said. "It is also a landmark ruling for access to justice across the EU as it means cities have the right to bring EU institutions to court when they breach environmental law."
Taddei added: "We hope the Commission will comply with the ruling and immediately amend the regulation. An appeal would send an extremely negative message and delay urgent action to protect the health of all Europeans."
A spokesperson for the European Commission said it had taken note of the judgement and "will analyse it in detail to see how to proceed further".
