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Van Bael & Bellis successfully represents European Automobile Manufacturers Association (ACEA) in Ville de Paris landmark case

  • 14/01/2022
  • News

Van Bael & Bellis successfully represented the European Automobile Manufacturers Association (ACEA) in its intervention in the landmark case Ville de Paris (Joined cases C-177/19 P, C-178/19 P and C-179/19 P) concerning the interpretation of the provisions of Directive 2007/46/EC establishing an EU-wide approval procedure for motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles. Article 4(3) of that Directive prohibits Member States from restricting the circulation of vehicles on grounds relating to aspects of their construction or functioning covered by Directive 2007/46/EC if they satisfy the requirements of the Directive.

By its judgment of 13 January 2022, the Court of Justice of the European Union found that Article 4(3) of Directive 2007/46/EC did not prevent the municipalities of Paris, Brussels and Madrid from limiting the local circulation, for environmental reasons, of Euro6 vehicles complying with the requirements of connected Regulation 2016/646 setting out a “conformity factor” for NOx emissions measured during the real driving emission (RDE) tests carried out in the framework of the type-approval procedure. The Court thus concluded that Regulation 2016/646 is not of direct concern to the municipalities at stake and annulled the judgment of the General Court, declaring the actions at first instance inadmissible.

ACEA was represented by Van Bael & Bellis partners Fabrizio Di Gianni and Gabriele Coppo. A copy of the judgment is available here.

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