Judgment of the Court Fifth Chamber of 13 January 2022, Allemagne - Ville de Paris and Others v Commission, C-177/19 P to C-179/19 P

• Date: 13 January 2022
• Year: 2022

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result that that employment relationship can be regarded as having satisfied a long-term need, which

it is for the referring court to verify.

In addition, finding, inter alia, that the suitability certificate which Catholic religious education teachers

must hold in order to be able to teach is issued once, and not before every school year, giving rise to

the conclusion of a fixed-term contract, irrespective of the length of the fixed-term contract given to

them, and that the issuing of that certificate is not connected with measures pursuing social policy

objectives, the Court rules that that certificate is not an ‘objective reason’ justifying the renewal of

fixed-term contracts, within the meaning of Clause 5(1)(a) of the framework agreement.

Last, the Court recalls that, although that clause does not have direct effect and national courts are

therefore not required to refrain from applying a national provision which conflicts with it, it is for the

referring court to verify whether an interpretation of the national provisions at issue which is

consistent with the framework agreement is possible, taking the whole body of domestic law into

consideration and applying the interpretative methods recognised by domestic law.

V. ENVIRONMENT

Judgment of the Court (Fifth Chamber) of 13 January 2022, Allemagne - Ville de Paris

and Others v Commission, C-177/19 P to C-179/19 P

Link to the complete text of the judgment

Appeal – Action for annulment – E nvironment – Type approval of motor vehicles – Regulation (EU)

2016/646 – Emissions from light passenger and commer cial vehicles (Euro 6) – Setting of the not-to-

exceed (NTE) values for emissions of oxides of nitrogen during the real driving emission (RDE) tests –

Fourth paragraph of Article 263 TFEU – Admissibility of an action – Infra-State entity with powers in the

field of environmental protection to limit the circulation of certain vehicle s – Condition that the applicant

must be directly concerned

By adopting Directive 2007/46,

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the EU legislature established a harmonised framework for the

approval of motor vehicles in order to facilitate their registration, sale and entry into service in the

European Union. In the context of the ‘Dieselgate’ scandal, the European Commission set up a

procedure for testing the real driving emissions (‘RDE’)

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of light passenger and commercial vehicles,

approved in accordance with the applicable legislation,

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in order better to reflect the emissions

measured on the road. The requirements for the RDE t ests were subsequently supplemented by

Commission Regulation 2016/646,

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which sets limit values for emissions of oxides of nitrogen which

must not be exceeded during those tests (‘the contested regulation’).

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Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a fra mework for the app roval of

motor vehicles and their trailers, and of systems, components and separate technical u nits intended for such vehicles (Framework Directive)

(OJ 2007 L 263, p. 1).

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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).

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Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect

to emissions from light passenger and commercial vehicles (Euro 5 and Eu ro 6) and on access to vehicle repair and maintenance information

(OJ 2007 L 171, p. 1).

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Commission Regulation (EU) 2016/6 46 of 20 April 2016 a mending Regulation (EC) No 692/2008 as regards emissions from light passenger

and commercial vehicles (Euro 6) (OJ 2016 L 109, p. 1).