Mercedes-Benz has significantly upped the stakes in its battle with Paris concerning registration of models featuring the contentious r134a refrigerant, by appealing to France’s Council of State for a preliminary injunction to allow certification.
The German automaker now has thousands of customers in France – a number rising every day – who are unable to take delivery of A, B, CLA and SL models as Paris is refusing to certify them insisting they use the European Union-mandated r1234yf refrigerant instead.
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“Despite last week’s order of the administrative court that supported Daimler’s position the French authorities are still blocking the registration of Mercedes-Benz vehicles of the model ranges A- and B-Class, as well as CLA and SL,” said a statement sent from the automaker to just-auto.
“Since the distortion of competition in the French market is rising more and more, Daimler has submitted a request for preliminary injunction at the French Conseil d’Etat. This is to achieve an earliest registration for the respective vehicles.”
France has given Mercedes six months to comply with the EU directive on air-conditioning refrigerants, but the manufacturer says its models have a valid type certificate, valid until 2016.
The argument is now starting to affect Mercedes dealers in France, whose umbrella body, the Groupement des Distributeurs et Reparateurs, says it may have to make 1,500 staff partially redundant.
“The Conseil d’Etat said yes, we are responsible for that topic,” a Mercedes spokesman told just-auto from Germany. “They accepted they will handle that – now there [will] be a hearing at the end of August.
“If they agree [injunction], some cars could registered.”
Mercedes cites the French Environment Ministry as noting the EU directive’s Article 29 allows vehicle registrations to be suspended in extreme cases posing significant risk to road safety or public health.
“In our view this is obviously not the case and the respective actions are legally indefensible,” added the Mercedes statement. “Over 95% of all existing and newly produced vehicles in Europe are equipped with the proven and safe refrigerant r134a.
“Until the end of 2016 this position is fully in line with EU law and the respective extended type approval was also granted by French authorities to other car manufacturers. We are confident it will come to a decision shortly.”
The Conseil d’Etat says it acts as legal adviser to the French government as well as being the supreme administrative judge settling disputes relating to actions taken by Paris.
