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Dieselgate

Analysis: “The Right to Repair in Action Under the Type Approval Regulation – Case C‑319/22”, by Tristan Skupniewicz – EU Law Live

Claudia Del Olmo

Claudia Del Olmo

27th November 2023

Internal Market

In many ways Regulation 858/2018, or the type approval framework regulation (‘TAFR’) was a reaction to the ‘Dieselgate’ scandal, and aimed at strengthening compliance with emissions regulations through a big-picture, institutional approach. This meant confronting the theory of vehicle type approval with real vehicles on the road. However, giving teeth to European law on vehicles by replacing Directive 2007/46/EC is not the only aim of TAFR.

Among its provisions, one will find a bona fide, robust enforcement of much debated, both in the EU and in the US, ‘right to repair’. In the text, ‘independent operators’ who are not manufacturers or dealers, are given the right ‘unrestricted … access to information’ to compete with authorised

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