Judgment of the General Court Second Chamber, Extended Composition of 15 September 2021, Daimler v Commission, T-359/19
| Date | 15 September 2021 |
| Year | 2021 |
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IX. ENVIRONMENT
Judgment of the General Court (Second Chamber, Extended Composition)
of 15 September 2021, Daimler v Commission, T-359/19
Decision (EU) 2015/158 – Implementing Decision (EU) 2019/583 – Carbon dioxide emissions – Testing
methodology – Passenger cars
In the context of the application of Regulation No 443/2009,
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which aims to reduce emissions of
carbon dioxide (CO2) from light-duty vehicles, all manufacturers of passenger cars must ensure that
their average specific emissions of CO2 do not exceed the specific emissions target assigned to
them.
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The regulation, which also aims to encourage investment in new technolo gies, provides, in
particular, that CO2 savings achieved through the use of innovative technologies are to be deducted
from the specific CO2 emissions of the vehicles in which those technologies are used.
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To that end,
the European Commission adopted an implementing regulation
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establishing a procedure for the
approval and certification of those innovative technologies.
In 2015, by Implementing Decision 2015/158,
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the Commission approved two high efficient
alternator models as eco-innovations for reducing CO2 emissions from passenger cars. For approval
purposes, some of the alternators in question had undergone various preparation methods, falling
under the generic description ‘preconditioning’.
Daimler AG, a German car manufacturer which fits certain passenger cars with high efficient
alternators, applied for and obtained certification from the competen t German authorities of the CO2
savings achieved by the use of those alternators.
However, in 2017, following an ad hoc review of those certifications, the Commission found that the
savings thus certified using a testing methodology that involved preconditioning were much higher
than those that could be shown using the methodology prescribed by Implementing Decision
2015/158,
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which did not, in the Commission’s view, allow for preconditioning. Consequently, in its
Implementing Decision 2019/583
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(‘the contested decision’), the Commission held that the savings
attributed to Daimler AG’s eco-innovations should not be taken into account in calculating its average
specific emissions of CO2 for 2017.
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Regulation (EC) No 443/2009 of 23 A pril 2009 setting emission performance standards for new passenger cars as part of the Community’s
integrated approach to reduce CO2 emissions from light-duty vehic les (OJ 2009 L 140, p. 1).
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Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a proc edure f or the approval and certification of
innovative technologies for redu cing CO2 emissions from passenger cars pursuant to Regulation ( EC) No 443/2009 of the Europe an
Parliament and of the Council (OJ 2011 L 194, p. 19).
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Commission Implementing Decision (EU) 2015/158 of 30 January 2015 on the approval of two Rober t Bosch GmbH high efficient alter nators
as the in novative technologies for reducing CO2 emissions from passenger cars purs uant to Regulation (EC) No 443/2009 of the European
Parliament and of the Council (OJ 2015 L 26, p. 31).
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Article 1(3) of Implementing Decision 2015/158.
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Commission Implementing Decision (EU) 2019/583 of 3 April 2019 confirming or amending the provi sional calculation of the average specific
emission of CO2 and specific emissions targets for manufacture rs of passen ger cars for the cale ndar year 2017 and for certain
manufacturers belonging to the Volkswagen pool for the calendar years 2014, 2015 and 2016 p ursuant to Regulation (EC) No 443/2009 of
the European Parliament and of the Council (OJ 2019 L 100, p. 66).
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The Commission’s right to carry out that review, and the procedure for carrying it out, are set out in Article 12 of Imple menting Regulation
No 725/2011.
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