The Court of Justice of the European Union has overturned the judgment of the EU General Court which, at the end of 2018, following appeals by the cities of Brussels, Paris and Madrid, annulled in part the regulation (2016/646) setting emission limits for nitrogen oxides not to be exceeded during the testing of passenger cars and light commercial vehicles under real driving conditions (‘Real Driving Emissions’ tests) (see EUROPE 12159/33), in a judgment delivered on Thursday 13 January (Joined Cases C-177, 178 and 179/19 P).
On appeal by Germany, Hungary and the European Commission, the Court of Justice took the view, contrary to the General Court, that the three appellant capitals were not directly concerned by the contested regulation and, consequently, that their action was inadmissible.
For the European judge, the directive (2007/46) establishing a harmonised framework for the type-approval of motor vehicles, in which the contested regulation is included, introduces obligations for the Member States with regard to the placing on the market of motor vehicles, and not for their subsequent circulation. The General Court’s interpretation, according to which Directive 2007/46 precludes certain local traffic restrictions for environmental protection purposes, is not in line with the context of EU law or the objectives pursued, he said.
See the Court’s judgment: https://bit.ly/3txxrPI (Original version in French by Mathieu Bion)