“Combusting Exceptions? AG Rantos' Opinion On The Permissibility ...

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Thursday, January 1 2026 Institutional law September 28, 2021 Analysis: “Combusting exceptions? AG Rantos’ Opinion on the permissibility of software features adjusting the emissions control system of cars to ambient conditions (C-128/20 et al.)” by Felix Beck

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On 23 September 2021, Advocate General (AG) Rantos delivered his Opinion in the Grand Chamber cases GSMB Invest (C-128/20), Volkswagen (C-134/20) and Porsche Inter Auto and Volkswagen (C-145/20). Unlike the case of CLCV and Others decided by the Court in December 2020 (C-693/18), which concerned a switching device that detected whether the vehicle was run in laboratory conditions, the present cases are about so-called ‘temperature windows’. This refers to a software feature that adjusts the rate of exhaust gas recirculation (EGR) in relation to a vehicle’s ambient conditions. According to the manufacturer, this is a standard feature used in all Euro 5 diesel vehicles (point 48).

In his Opinion, the AG built on the aforementioned j

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