The vacuum cleaner manufacturer Dyson can once again hope for several million euros in damages from the EU Commission. Advocate General Tamara Capeta at the European Court of Justice demanded that a judgment by the General Court of the European Union, in which Dyson’s claim for damages was dismissed, must be overturned. The matter must be referred back to the ECJ.
Dyson complains about an unfair comparison with classic vacuum cleaners
Dyson had successfully taken legal action against an EU regulation that allowed the energy efficiency of classic vacuum cleaners to be determined with an empty container and therefore not under real conditions. Because the power consumption of some vacuum cleaners increases the fuller the bag is. The British company, which sells bagless vacuum cleaners, felt that it had been treated unfairly and demanded 176 million euros in damages from the EU Commission. Dyson won the case but was not awarded any damages. The vacuum cleaner manufacturer is defending itself against this before the ECJ.
Advocate General: Violation justifies claim for damages
Advocate General Capeta now agreed with Dyson and pleaded for the previous judgment to be overturned. The lower court misunderstood Dyson’s concerns. According to the Advocate General, neither interpretation difficulties nor the complexity of the facts could excuse the Commission’s decision. The violation of the Brussels authority against the directive on energy consumption labeling is therefore sufficient for a possible compensation, it said. The ECJ would then have to decide whether the other requirements for damages were met. The ECJ often, but not always, follows the Advocates General’s assessment. A verdict is expected in a few months (Ref.: C 122/22).
on ECJ, Opinion of 06.07.2023
Editorial office beck-aktuell, July 7, 2023 (dpa).
Related Links
From the beck-online database
EuG, Requirements for the energy consumption labeling of vacuum cleaners, ZUR 2019, 358
ECJ, Energy consumption labeling of vacuum cleaners: Exceeding the authorization basis when selecting the measuring method, BeckRS 2017, 109335
EuG, Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products, BeckRS 2015, 116729
From the news archive
No compensation for vacuum cleaner manufacturer Dyson after tipping the test method, report by the beck-aktuell editorial team from December 8th, 2021, becklink 2021716
EuG: Ordinance on energy consumption labeling of vacuum cleaners void, report from the beck-aktuell editorial team of November 8th, 2018, becklink 2011425