Summary
The document advocates for adding access to justice clauses to the Euro 7 Regulation to prevent 'forum shopping' by manufacturers and to codify existing case law regarding the public's right to challenge emission type-approval decisions.
Key insights
- The initial proposal for the "Euro 7" Regulation lacks an express provision requiring Member States to ensure access to justice, despite imposing duties on national type approval authorities, market surveillance authorities, and private actors.
- Including an access to justice provision would codify the Court of Justice of the European Union's ruling in C-873/19 Deutsche Umwelthilfe, which granted the public the right to challenge emission type-approval decisions for Euro 5 and Euro 6 standards.
- Lack of harmonised access to justice creates a risk of "forum shopping," where vehicle manufacturers may seek approvals in Member States with weaker enforcement and fewer legal avenues for public challenge, potentially impacting the entire Union.
- The European Commission previously committed in its 2020 Communication on access to justice in Member States to include such provisions in all sectoral EU environmental legislation, a trend seen in the Deforestation Regulation and the Green Claims Directive.
- ClientEarth proposes two new articles for the Regulation: Article 16A, which allows natural or legal persons to submit substantiated complaints to market surveillance authorities, and Article 16B, which provides a right to a review procedure before a court or independent body to challenge decisions regarding vehicle compliance.
Cite the original document
- APA
- ClientEarth (2023). Euro 7 Regulation. https://www.clientearth.org/media/kb0he4vy/euro-7-regulation-and-access-to-justice-clientearth-briefing.pdf
- Chicago
- ClientEarth. Euro 7 Regulation. 2023. https://www.clientearth.org/media/kb0he4vy/euro-7-regulation-and-access-to-justice-clientearth-briefing.pdf.
- Wikipedia
- {{cite report |author=ClientEarth |title=Euro 7 Regulation |date=November 2023 |url=https://www.clientearth.org/media/kb0he4vy/euro-7-regulation-and-access-to-justice-clientearth-briefing.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{clientearth2023euro, author = {{ClientEarth}}, title = {{Euro 7 Regulation}}, institution = {ClientEarth}, year = {2023}, month = nov, url = {https://www.clientearth.org/media/kb0he4vy/euro-7-regulation-and-access-to-justice-clientearth-briefing.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
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