European Court of Justice Ruling on Defeat Devices in Diesel Vehicles
CLCV and Others, 1 the Court of Justice of the European Union (Court) adopted a broad interpretation on the definition of defeat devices and limited the scope of exceptions for their use in vehicles sold, registered, or put into service in the European Union (EU). The Court found that a device that improves the performance of an emission control system during vehicle type-approval tests, constitutes a “defeat device” even if such improvements can also exceptionally be observed under normal vehicle use conditions. Fundamentally, the Court found that a defeat device’s contribution to ...
Source: sidley.com