France says Mercedes-Benz A, B and CLA models will be banned from sale in the country as long as the automaker “does not conform to the applicable European rules,” by using the r134a refrigerant, a situation the automaker says is “absolutely inexplicable.”

The French Environment Ministry is citing Article 29 of the European directive on air-conditioning units that allows it to refuse certification for six months for vehicles deemed to be “strongly harmful” to the environment.

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Mercedes vehemently disagrees, insisting the alternative, lower C02-producing r1234yf refrigerant is flammable in certain conditions, although Germany’s road safety authority, the Kraftfahrt-Bundesamt (KBA) is currently testing the chemical.

The German manufacturer has now started – unspecified – legal steps as the impasse between both sides shows no sign of being resolved but which has seen Mercedes A, B and CLA models banned from France as the row escalates.

Mercedes has previously indicated to just-auto some several hundred vehicles had been blocked from certification, but the number could well now be more than 1,000 as the stand-off continues.

“Daimler/Mercedes has decided not to conform to the requirements,” said a statement from the French Environment Ministry sent to just-auto. “The European Commission, alerted by France, reminded the German company of the regulation and launched a judicial analysis of the actions undertaken by Daimler to get around this rule.

“The registration of Daimler/Mercedes A, B and CLA vehicles will remain forbidden in France as long as the company does not conform to the European regulation in place.”

However, Mercedes has reacted strongly to France’s invocation of Article 29 that says if Member States find new vehicles, components or separate technical units do not comply with applicable rules or represent a safety or environmental risk, they can refuse to issue certification for six months.

“For the first time, the French authority has referred to Article 29 of the respective EU directive,” said Mercedes. “According to this Article, vehicle registrations can only be suspended in an extreme case a significant risk to road safety or serious threat to the environment or public health is caused by a vehicle.

“This argument is absolutely inexplicable to us and cannot apply in this case because almost all existing and new vehicles in Europe are equipped with the proven and safe refrigerant, r134a and will remain so until the end of 2016.

“We will now initiate the necessary legal steps.”

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