Source: European Parliament
While the Commission cannot comment on ongoing cases[1] before the Court of Justice of the European Union (CJEU) nor prejudge the outcome of the Court’s pending proceeding, the Commission will continue to promote solutions that favour clean and healthy air as well as promote a predictable and implementable legal framework.
Irrespective of the outcome of the CJEU judgment, the Commission will ensure with the Member States a proper follow up. In accordance with Article 11 of Regulation (EU) 2018/858[2], the Forum for Exchange of Information on Enforcement (composed of representatives from Member States type-approval and market surveillance authorities) provides for coordination of activities and exchange of best practices towards a uniform implementation of the applicable legislation across the EU.
The spirit and letter of EU emissions legislation are well known. It was clarified in the CJEU judgment in Case C-128/20[3] that the vehicles’ emission behaviour must comply with the standardised New European Driving Cycle test conditions[4], as well as with Annex I of Regulation (EC) No 715/2007[5] and with implementing measures, as agreed by the co-legislators, the Council of the European Union and the European Parliament.
- [1] C-251/23 and C-308/23, Mercedes-Benz Group.
- [2] OJ L 151, 14.6.2018, p. 1-218.
- [3] Judgment of 14 July 2022, GSMB Invest, C-128/20, EU:C:2022:570, paragraph 40.
- [4] Commission Regulation (EC) No 692/2008 implementing and amending Regulation (EC) No 715/2007, OJ L 199, 28.7.2008, p. 1-136.
- [5] OJ L 171, 29.6.2007, p. 1-16.