EU contradicts Wissing on alleged decommissioning of diesel cars

Last week, Wissing claimed in a letter to EU Commission President Ursula von der Leyen that up to eight million diesel vehicles in Germany would have to be decommissioned. This comes as the European Court of Justice (ECJ) is looking at whether emission tests should no longer be limited to laboratory tests. However, vehicles with the Euro-5 and Euro-6 (pre-Euro-6d-temp) emissions standards were only developed for emission tests on the test bench, not for tests under real conditions. When measured on the road (Real Driving Emissions, RDE for short), these vehicles do not comply with the pollution values. Wissing warned against retrospectively applying these RDE tests to older cars because they would probably have to be taken off the road.

In a reply, EU Internal Market Commissioner Thierry Breton explained that the EU Commission had no plans to change regulations on compliance with emissions limits retroactively, nor does it want to take measures that would penalise citizens who bought cars in good faith.

Given the “unusually harsh” reaction of the EU Commission and the accusation of Wissing being misleading, the German Der Spiegel even writes that Wissing is propagating a “horror scenario without horror.” The minister had also warned that these RDE tests could be carried out at full load or when driving uphill, which Breton also rejected in his response. The date Wissing gave for the alleged decommissioning at the end of the year was also “arbitrary,” according to the German magazine.

However, the FDP politician is not reassured by the supposedly clear answer from Brussels. Following the letter from EU Commissioner Breton on behalf of the CDU/CSU-led Commission, Wissing stated that it “confirms my concerns. It conceals the fact that the legal position it has taken before the ECJ on combustion engines remains in place and represents a risk for millions of citizens.”

Incidentally, the specific case involves two owners of Mercedes models with Euro 5 and Euro 6 diesel engines; the proceedings are pending at Duisburg Regional Court. These vehicles are alleged to have manipulated exhaust gas purification systems, which is why the owners are demanding compensation from Mercedes-Benz. The Duisburg judges had sent 22 legal questions, some of them quite detailed, to the ECJ for a preliminary ruling to assess the claim of the two plaintiffs. There has already been a hearing before the ECJ. The Attorney General will make his plea in November, so it will likely be several months before a judgment is issued.

It is thus unlikely that there will be a decision by the end of the year, as described by Wissing. It is more likely that the FDP politician drafted the letter with a view to the upcoming German state elections in Saxony, Brandenburg and Thuringia – to act as an advocate for German diesel drivers.

msn.com, spiegel.de,x.com (in German)