Case C-554/25, Volkswagen: Request for a preliminary ruling from the Bezirksgericht Innere Stadt Wien (Austria) lodged on 19 August 2025 – T.S. v O. GmbH
Date: 2025-08-19
Institutions: Court of Justice
Subjects: approval, motor vehicle pollution, pollution control, vehicle parts








C_202600621EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/621


9.2.2026






Request for a preliminary ruling from the Bezirksgericht Innere Stadt Wien (Austria) lodged on 19 August 2025 – T.S. v O. GmbH


(Case C-554/25, Volkswagen)

(C/2026/621)
Language of the case: German

Referring court

Bezirksgericht Innere Stadt Wien

Parties to the main proceedings


Applicant: T.S.

Defendant: O. GmbH

Questions referred







1.


Must Article 2(6) of, and section 3.13.4 of Annex III to, Implementing Regulation (EC) No 692/2008 (1) (in conjunction with Article 3(10) of Regulation (EC) No 715/2007) (2) be interpreted as meaning that a pollution control device (control programme for the regeneration of the storage catalytic converter in the preparation cycle), which is deemed to be a continuously regenerating system, because regeneration (cleaning process) occurs at least once per type 1 test, and the device has already regenerated at least once during the vehicle preparation cycle (Precon, or preconditioning), is a defeat device within the meaning of Article 3(10) of Regulation (EC) No 715/2007?










2.








(a)


Must Article 5(2)(c) of Regulation (EC) No 715/2007 (in conjunction with Article 3(10) of Regulation (EC) No 715/2007 and Article 2(6) of, and section 3.13.4 of Annex III to, Implementing Regulation (EC) No 692/2008) be interpreted as meaning that (if so) such a defeat device is permissible because the conditions are, in essence, met in the relevant emissions test procedure?










(b)


Must Article 5(1) of Regulation (EC) No 715/2007 (in conjunction with Article 3(10) of Regulation (EC) No 715/2007 and Article 2(6) of, and section 3.13.4 of Annex III to, Implementing Regulation (EC) No 692/2008) be interpreted as meaning that (if so) such a defeat device is permissible if the emission-related operation it exhibits in the test procedure (approval test) is that which, in 80 % of cases, is also present in normal use (real-life operation)?














3.


Must paragraph 2.20 of, and paragraph 3 of Annex 13 to, the UNECE Regulation (in conjunction with section 3.13.1 of Annex III to, and Article 2(6) of, Implementing Regulation (EC) No 692/2008) be interpreted as meaning that the arrangement laid down in the second sentence of paragraph 3 of Annex 13 to the UNECE Regulation, in accordance with which the switch (to prevent or permit the regeneration process) may be activated during preconditioning cycles only in order to prevent regeneration, applies only to the special test procedure provided for in Annex 13 to the UNECE Regulation and thus to the emissions testing of a vehicle with a periodically regenerating system and not also in respect of a vehicle with a continuously regenerating system?






(1)  Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ 2008 L 199, p. 1).

(2)  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ 2007 L 171, p. 1).


ELI: http://data.europa.eu/eli/C/2026/621/oj
ISSN 1977-091X (electronic edition)