The European Court of Justice (ECJ) recently ruled on 13 January 2022 that cities can independently ban dirty vehicles from their city centres (Judgment January 13, 2022, case number C-177/19, C-178/19, C-179/19). Driving bans for Diesel vehicles could therefore be re-discussed.
The background to the new ruling is that the EU Commission has introduced a stricter testing procedure for measuring exhaust emissions (RDE = Real Driving Emissions) as part of the diesel scandal. Commission Regulation (EU) 2016/427 of 10 March 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ 2016, L 82, p. 1).
The aim of this testing procedure is to obtain a more realistic picture of the emissions that vehicles actually emit in road traffic. There the car manufacturers the limits because of this not more To ensure that companies could comply with the regulations, the EU Commission relaxed the limits and introduced a so-called conformity factor. Using this factor, the permissible limit of 80 milligrams of nitrogen dioxide per kilometer driven was first raised to 168 milligrams and then to 120 milligrams.
The cities of Paris, Brussels, and Madrid had sued to invalidate the regulation, arguing that it would make air pollution control more difficult and prevent cities from imposing driving bans on vehicles that only comply with the limits thanks to the compliance factor.
The General Court of the European Union (GCC) partially upheld the action, finding that the EU Commission had exceeded its powers by effectively increasing the limit values, and that the cities filing the action were directly affected by this regulation.
Germany, Hungary, and the EU Commission appealed this decision and took the case to the European Court of Justice. The ECJ overturned the General Court's ruling, but only because, in the Court's view, the cities that filed the lawsuit were not directly affected by the regulation and their actions for annulment of the regulation were therefore inadmissible. However, cities are permitted to impose driving bans for environmental reasons.
Nitrogen oxide pollution remains too high in many cities
Nitrogen oxide pollution remains too high in many different cities. The main cause is likely road traffic. The new ECJ ruling could therefore reopen the issue of driving bans. Diesel drivers must expect further driving bans to follow. These driving bans will then limit diesel drivers' ability to use their vehicles. They also increase the depreciation of the affected vehicles.
Rogert & Ulbrich recommends
We at Rogert & Ulbrich therefore recommend that you have your claims reviewed. Our initial consultation is free and non-binding. We have already been able numerous judgments for our plaintiffs and have been involved in the diesel emissions scandal since the beginning. Get advice without obligation.
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