Volkswagen violates EU-law! But is that really the case?
Posted on 18-10-2015 at 19:35 by mauritsh – 41 Comments”
Time for a piece of floor.
A lot of news sites picked up today big. Volkswagen would, according to the German minister of the toll roads, traffic Alexander Dobrindt EU law have been violated. It pertains specifically to art. 5, paragraph 2 of Regulation No. 715/2007 (.pdf). That said, we want you, in any case, just pointing out the tolplannen that went against all the principles of the European Union were. Those plans were indeed coming from Dobrindt. Irony is a bitch, and the pot looks still as black as the kettle.
Back to Volkswagen. Bild am Sonntag scoopte the statement of Dobrindt. That we may be tapping, but it seemed to me to be nice to the regulation in the tackle. We know immediately what we are talking about. The text of the provision that the group alleged to have been infringed, reads as follows:
Article 5
Requirements and tests
1. The manufacturers equip their vehicles so that the components
that may affect emissions are designed,
constructed and fitted that the vehicle under
normal conditions of use comply with this regulation and the
implementing measures to comply.
2. The use of manipulation tools that enhance the effectiveness
of the exhaust emission control systems reduce, is prohibited.
This prohibition does not apply if:
(a) the instrument is required to protect the motor against
damage or accident and for safe operation of the vehicle
to ensure;
(b) the instrument only works when the engine is started
is,
or
(c) the circumstances are largely included in
the test procedures for the control of evaporative emissions
and the average exhaust emissions.
Interpretation of the text
In this article, the items will be listed where car manufacturers must meet, in the framework of the emission requirements. It’s going to be the sentence “The use of manipulation tools that improve the efficiency of the exhaust emission control systems reduce, is prohibited”. But what is behind b)? Indeed, the prohibition does not apply if the instrument is only functioning when the engine starts.
It went in the Volkswagen dieselkwestie to a piece of software that the quantity if desired, by manipulating. That software functions as far as we know only once the car is started. Is that the loophole that allows VW to the dance may originate? Unfortunately, the courses in European Law to the undersigned a bit too far diminished to a clear answer to give, but in any case, food for thought.
Moreover, member states pursuant to art. 13 of the regulation itself is responsible for the creation and enforcement of possible penalties for infringement by a party (in casu: VW), so the European Commission has further not much to do with it. That means that it is possible, however, that several, if not all, states VW in his hair for the (national!) courts can drag on.
Legal specialists in the room who clearly can explain or Dobrindt right? Let you hear it! Other people may, of course, also z’n say, it will make us wonder how this ends.
If Dobrindt wrong, then it doesn’t mean that Volkswagen is not guilty of an infringement of European law. Let’s be clear.
PS: the regulation has direct effect, meaning that citizens are there in case of alleged violation immediately to be able to appeal. Do you know that immediately.