EU court: What the Euro 6 verdict means for diesel drivers

Why is?

The dispute is, unlike what one might assume, not primarily about driving bans. It's about the new exhaust gas test RDE (Real Driving Emissions), which measures the exhaust emissions of a car in real road operation rather than in the laboratory. The results of the RDE should be closer to the actual output of the cars. Because this test is tougher than the laboratory tests, in 2016 the EU Commission raised the set NOx limit for new cars to compensate for metrological inaccuracies in the RDE test, a kind of courtesy to the auto industry. This procedure has now been declared illegal by the EU court.

The cities of Paris, Brussels and Madrid had complained against raising the thresholds. They argued that deviations from the limit would benefit automakers in their diesel strategy. In addition, the higher limits were contrary to the efforts of the cities to achieve the legally required air pollution control.

How has the EU Commission raised the thresholds?

With the introduction of a so-called correction factor in 2016, the EU Commission had de facto allowed increased nitrogen oxide limits in the RDE exhaust test. Up to now, new cars with the Euro 6 emissions standard must only meet the value of 80 milligrams of nitrogen dioxide per kilometer in the laboratory, from 2019 - with the introduction of the RDE - but also on the road.

However, thanks to the Commission's increase in the limit, cars are expected to significantly exceed the 80 milligrams limit in real life: by 2020, the RDE test values ​​may be 2.1 times the current limit (168 milligrams), followed by the 1 , 5 times (120 milligrams). This determination of the factor by the EU Commission has now declared the EU court unlawful. If the correction factor were removed, ie based on the actual nitrogen oxide emissions of Euro 6 vehicles, these could also fall below the limit values ​​that are relevant for driving bans and should be sanctioned accordingly.

What has the EU court decided?

The EU court in Luxembourg rightly pleaded with the plaintiffs and ruled that the European Commission had wrongly raised the limit values ​​for Euro 6 cars for nitrous oxide. The judges declared that the EU Commission had not been authorized to recalculate "extraordinarily high" limit values ​​for nitric oxide.

What does this judgment mean for owners of modern Euro 6 vehicles?

Here opinions differ. The German Association of the Automotive Industry (VDA) sees no consequences for German drivers for the time being. Accordingly, the General Court does not classify the limit values ​​raised by the Commission as unlawful, but only the way in which they are created. The conversion factors for laboratory and road values ​​should not have been set by the EU Commission alone. How the verdict affects concrete, but was completely open.

"Basically, there is the possibility that the cities could in the future also for Euro 6 diesel driving bans pronounce," says Stefan Bratzel, Director of the Center of Automotive Management (CAM). This further aggravates the diesel problem.

The Federal Government for the Environment and Nature Conservation (BUND) assumes, however, that the decision of the EU court "far-reaching consequences for future court judgments" should entail - "on model lawsuits to lawsuits for new registrations and sales bans."

What's next?

First of all, everything stays the same. For at least 14 months, the previous regulation with increased limit values ​​of the European Commission continues to apply. This is to make sure that there are still limits at all, to which the manufacturers can refer to the exhaust gas test and no law-free space is created. The court ordered the EU Commission to find a new regulation during this time. She now has two months to appeal the court decision. Otherwise, the Commission will have to table a new legislative proposal within 12 months. Whether and how the limits will change in the end, is still open.

What does the Euro standard actually mean?

The classification into pollutant classes was introduced in order to make car exhaust gases progressively cleaner. For example, from year to year, cars have to meet stricter limits in order for them to get approval. For example, the emissions of hydrocarbons and nitrogen oxides as well as fine dust are regulated. The regulation started in 1992 with Euro 1 and since 2015 the current Euro 6 standard applies. The maximum emission of nitrogen dioxide has been continuously increased from 500 milligrams per kilometer over 250 milligrams (Euro 4) and 180 milligrams (Euro 5) since the Euro 3 emission standard. lowered to the current 80 milligrams after Euro 6.

How dirty are diesel cars really?

According to a survey by the Federal Environmental Agency last year, Euro 5 cars are the dirtiest. In real life, they emit an average of 900 milligrams of nitrogen dioxide per kilometer - five times the laboratory limit. Euro 4 diesels emit with 674 milligrams, almost three times the limit. Euro 6 diesels that have been tested without an RDE test emit an average of 507 milligrams. That's more than six times the current limit. According to the Federal Environment Agency only diesel of the latest Euronormen 6d-TEMP and 6d are relatively clean.