ABSTRACT
In July 2022, an interesting trilogy was handed down by the Court of Justice of the European Union in the wake of the Volkswagen scandal. It calls into play the intersection of contractual guarantees and environmental regulation requirements imposed by European Commission law upon the diesel car industry. The Court concludes that emission reduction devices that are fully functional only during a certain temperature window as detected by software are defeat devices. Their use may trigger sanctions pursuant to Member States’ private law, as such equipped vehicles lack conformity with the sale contract concluded against the backdrop of environmentally friendly performance.
€ (Cambridge UP)
Marie-Eve Arbour, The Volkswagen Scandal at the CJEU: Defeat Devices between the Conformity Guarantee and Environment Law, European Journal of Risk Regulation, volume 13, issue 4, December 2022, pp 670-681. Published online by Cambridge University Press: 8 November 2022.
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