EU Commission 'License to Pollute' overturned by top European court

The General Court of the European Union upholds action brought by cities: annuls in part the European Commission’s regulation setting excessively high NOx emission limits tests introduced following Dieselgate scandal

1 minute read

December 15, 2018, 5:00 AM PST

By PabloValerio @pabl0valerio


Jeremie Assous, the lawyer representing Paris, Brussels and Madrid, successfully argued that these emissions limits are what Mayor of Paris, Anne Hidalgo has called “a licence to pollute” and a regression of existing European Environmental law designed to protect public health and improve air quality. The Regulation was described as a “betrayal of the Paris Agreement” for its failure to transition to clean vehicles needed to curb climate change.

“The General Court concludes that the Commission had no power to amend those limits for the [real driving emissions] RDE tests by applying correction coefficients. It further holds that even if it had to be accepted that technical constraints may justify a certain adjustment, a difference such as that stemming from the contested regulation means that it is impossible to know whether the Euro 6 standard is complied with during those tests. The General Court makes clear that the lack of competence on the part of the Commission established necessarily implies an infringement of Regulation No 715/2007.” says the General Court press release.

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