According to a judgment of the EU court, the EU Commission has wrongly relaxed the limit values of the Euro 6 standard when introducing new car emissions tests. The Luxembourg judges decided this after a complaint from the cities of Paris, Brussels and Madrid. These cities can now challenge the limit values and, if in doubt, also impose driving bans on the latest diesel cars that have been officially approved.
As a result, there is initially uncertainty in the automotive industry about future requirements for cars with gasoline and diesel engines. The manufacturers were satisfied with the now rejected regulation. They had achieved that cars could emit more NO2 in real traffic than on the test bench.
New limits should make manipulation more difficult
The EU Commission had set conversion factors for this. Instead of the 80 milligrams of nitrogen dioxide per kilometer stipulated in the Euro 6 regulations, diesel cars are allowed to emit 168 milligrams and then 120 milligrams for a transitional period. Previously, there had only been test bench measurements, the values of which many car manufacturers had manipulated.
The commission had justified the increased limit values with measurement inaccuracies during tests in real road traffic. But if the cars are allowed to emit more of the irritant gas, it makes it more difficult for cities to comply with the legal requirements for air quality.
The court said the Commission's 2016 regulatory proposal went beyond the powers of the EU executive. In addition, human rights and other EU laws are violated.
However, initially nothing changes for at least 14 months so that legal certainty is preserved. For example, one wants to ensure that there are still valid limit values. It is not clear what will happen after this period.
"Basically, there is a possibility that the cities could then also impose driving bans on Euro 6 diesel," says Stefan Bratzel Director of the Center of Automotive Management (CAM). This further aggravates the diesel problem. "I see the problem that this will further increase the uncertainty among diesel drivers," said Bratzel.
Government officials say the ruling will not automatically result in driving bans on Euro 6 diesel. The principle of proportionality applies, as the Federal Administrative Court emphasized in the February ruling. Berlin, on the other hand, is currently examining driving bans for Euro 6 vehicles.
When asked by SPIEGEL, the EU court did not want to comment on possible driving bans for the period after the end of the 14 months.