German court bans Airscarf seat heating in Mercedes cars

Reuters reports that Mercedes has been banned from selling cars equipped with its Airscarf heating system, which blows warm air round your neck - useful if you are in a convertible and don't have a real scarf, presumably. Safer, perhaps, because a real scarf could become caught in a wheel. The device infinrges a patent. Strangely (and to the car maker's apparent consternation) although lower courts had sided with Mercedes, the Bundesgerichtshof found against them on appeal. Perhaps it shouldn't be too surprising, as that's why we have appeal courts.

No judgment available yet on the BGH website, at least not that I can find, but if I find it later I will post a link.

'via Blog this'

Conseil d'Etat upholds Mercedes refrigerant injunction

Last summer's great story of France's ban on sales of Mercedes cars containing an air-conditioning chemical that had been banned because of its harmful effects on the environment has been wrapped up (at one level, anyay) by the Conseil d'Etat, which upheld an injunction issued last year. Meanwhile the matter continues to rumble on at the European level, with the Commission reportedly commencing action against Germany and other Member States which seem to have adopted a Nelson approach to the problem, allowing new models to be marketed under old approvals so they could take advantage of transitional provisions. And the Commission is also reported to have delivered statements of objections to Honeywell and Du Pont relating to their joint venture agreement to produice the new chemical, HFO-1234yf.

Mercedes win in France (for now)

The Conseil d'Etat sided with Daimler against the French ban on sales of four models with arguably illegal refrigerant in the AC system. The victory is only temporary, though, and lasts while the judges give the matter some more thought. However, they did express the view that there was "serious doubt" about the legality of the French government's move. Read the Press Release here and the full judgment here. I'll be practising my French on them tomorrow, and it might be worth coming back to this blog after that - there will surely be more to say, though whether I can work out what it is remains to be seen.

Mercedes refrigerant and French sales ban

The French government last month imposed a ban on the sale of Mercedes A and B class cars and CLA model, which use a refrigerant prohibited by EU rules: they have been refused registration by the Systeme d'Immatriculation des Vehicules. The problem had been bubbling under for a while (see for instance this from Lib Dem MEP Chris Davies), but it shows no signs of abating yet and I will try to expand this posting as new facts emerge (or, having already emerged, come to my attention). The French government's action is claimed to be to protect domestic manufacturers against unfair competition from the German manufacturer, and Commissioner Tajani supports the French position.

The ban relates to cars assembled since 12 June and has been imposed because of the manufacturer's refusal to stop using the air-conditioning coolant R134a, a potent global-warming gas 1,400 worse than carbon dioxide, which has been banned from new models (not, note, new cars) since the start of the year. The German authorities decided to let Daimler continue to use it, though, because it was not happy about the replacement, R1234yf (or 2,3,3,3-Tetrafluoropropene, or CH₂=CFCF₃).

Directive 2006/40/EC came into effect in 2011 requiring all new car platforms approved after the start of that year to use a refrigerant with a Global Warming Potential below 150: existing models were given until 2017. The  new gas has a 100-year GWP of 4, compared with the old gas's 1,430, but the Germans have safety concerns. In December last year, Mercedes testers found that it created a fireball if sprayed on a hot engine - not an unlikely occurrence in a collision. R134a is also flammable, but at higher temperatures. Both also release toxic hydrogen flouride gas.

On 25 July the tribunal administratif in Versailles ordered the French government to re-examine the case after the manufacturer argued that the correct EU safeguard procedures had not been followed, but the French government shows no signs of lifting the ban. National governments have the right to stop products being sold when they fear an incorrect application of EU regulations, and when vehicles would seriously harm the environment, and it is this safeguard procedure which the French government has invoked. (There's a lengthy story on the French website, 7pm-auto.fr.)

The relevant German authority, the Kraftfahrt-Bundesamt or KBA, propose to re-certify the new Mercedes vehicles under earlier approvals granted for older models. Unsurprisingly, the Commission has warned against such a course, and safeguard procedures allow governments to halt sales until the Commission decides whether their KBA certification complies with European law. Daimler propose to challenge the ban on the grounds that the old compound does not pose a serious environmental threat. And given that the roads of Europe have plenty of cars on them with the old stuff in their air-conditioning systems, and it will still be put into new cars for another three years, the urgency seems a little misplaced. Although Daimler's claim that "virtually all new and used cars on European roads are equipped with the proven and safe refrigerant R134a" goes a bit far - my car's air conditioning depends not on some unpleasant chemical, but on folding down the roof, always the best way.

On 8 August, it was reported that the KBA considered that the replacement gas posed no real threat to vehicle occupants, which tends to weaken Mercedes-Benz's case a little. Its interim report, published that day, confirmed that the new gas was riskier but not dangerous, a fine distinction: its full report is due next month, but here is the Reuters story from today.

The next hearing in the litigation, an appeal against the decision of the tribunal administratif (presumably to the cour de cassation), will take place on 23 August. At the same time, the European Commission notes doubts have been raised about the "lack of transparency by authorities."