Damage claim – Dyson can hope for EU millions again

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The Singapore-based vacuum cleaner manufacturer Dyson can once again hope for several million euros in compensation from the European Commission. Advocate General Tamara Ćapeta in Luxembourg at the European Court of Justice (ECJ) demanded that an EU court ruling rejecting Dyson’s claim for damages should be set aside. The case should be referred back to the EU Court.

There it can then be decided whether the other requirements for compensation have been met. Judges often, but not always, follow the judgment of the advocates general. A ruling from the ECJ is expected in a few months.

Dyson had previously successfully challenged an EU regulation that allowed the energy efficiency of vacuum cleaners to be determined with an empty tank and not under real-world conditions. The British company, which sells bagless vacuum cleaners, felt it had been treated unfairly and demanded €176 million in damages from the European Commission. Because the power consumption of some vacuum cleaners increases as the bag is full.

Although Dyson won the case, the EU court subsequently awarded no damages. The vacuum cleaner manufacturer is defending itself against this at the ECJ.

Solicitor General Ćapeta now agreed with Dyson, pleading for the previous verdict to be set aside. The lower court misunderstood Dyson’s concerns. According to the Advocate General, neither problems of interpretation nor the complexity of the facts could justify the Commission’s decision. The violation of the energy labeling directive by the Brussels government is therefore sufficient for possible compensation.

Source: Krone

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