Banned refrigerant: Germany sued

The European Commission has decided to take Germany to the European Court of Justice. The reason for this is Germany's failure to implement Directive 2006/40/EC on air conditioning systems in motor vehicles, which requires the use of vehicle refrigerants with lower global warming potential and a phasing out of certain fluorinated greenhouse gases. National type-approval authorities are required to certify that a vehicle meets all EU safety, environmental and manufacturing requirements - including requirements for air-conditioning systems in motor vehicles - before issuing a permit to place it on the EU market. This matter is governed by Directive 2007/46/EC, which sets out a general framework for motor vehicle type approvals and a range of remedies, including the possibility of penalties.

The Commission alleges that Germany violated EU law by allowing German vehicle manufacturer Daimler AG to place vehicles on the EU market that did not comply with the Directive on Air Conditioning in Vehicles and failing to take corrective action.

Daimler claimed safety concerns

Daimler AG raised safety concerns about the refrigerants prescribed in the directive. These concerns were not supported by the other motor vehicle manufacturers and were dismissed by the German Federal Motor Transport Authority (KBA) and the European Commission's Joint Research Centre, which carried out an additional risk analysis in 2014.

Despite contacts between the Commission and the German authorities in connection with the infringement proceedings, Germany took no further action against the issuing of type-approvals for non-compliant motor vehicles and took no remedial action against the manufacturer.

By taking Germany to the Court of Justice, the Commission aims to ensure that the climate objectives of this Directive are met and that EU law is applied uniformly across the EU, guaranteeing a level playing field for all economic operators.

Source: European Commission