argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: E.U. - damages - provisions of E.U. Regulation

On December 8, 2021, the E.U. Court with the sentence given in case T-127/19, rejected a request for compensation made by Dyson against the European Commission, in which the company requested 176 million euros for the damage that would have resulted from an EU regulation in which a standardized test method was envisaged for calculating the power consumption of vacuum cleaners that would penalize bagless appliances, just like those made by Dyson. Since September 2014, all vacuum cleaners sold in the E.U. must have a label indicating the energy consumption, the details of which were specified by the Commission in a regulation of 2013. Dyson Ltd and other applicants, belonging to the same group, produce bagless cyclonic vacuum cleaners. Basically believing that the standardized test method adopted by the Commission in the 2013 regulation to measure the energy efficiency level of vacuum cleaners penalized its products compared to bagged vacuum cleaners, Dyson asked the European Union Court to cancel it. In 2015, the appeal was rejected. Ruling on the appeal, the Court overturned the Court’s ruling and referred the case back to the Court itself. In November 2018, the Court annulled the 2013 regulation because the test method that involved the use of an empty container did not reflect conditions as close as possible to the actual ones of use.The decision shows that the Commission has not manifestly and seriously infringed the limits of its discretion or committed a sufficiently serious breach of the principles of equal treatment and good administration.