By Peter McLaren-Kennedy • 09 December 2021 • 18:48
The tech company started by inventor James Dyson, claims millions of shoppers misled in the EU. The company which is appealing a £150m EU court loss wherein it ruled the company was not due damages due to energy labelling laws.
Dyson challenged the EU in court winning a five-year legal battle against a Brussels regulation which stipulated that vacuum cleaners were tested for their energy grmillions of shoppers misledading when empty. Dyson believed that the ruling did not reflect everyday life and called the process a sham. The test in their view, disadvantaged newer bagless models such as those made by the company.
After Dyson’s win, the regulations were annulled in 2018 and the contentious label was removed from vacuum cleaners.
Dyson then went to court to claim damages saying that it had lost sales due to the lack of distinction between the newer bagless and the older style vacuum cleaners. Wednesday the general court of the EU rejected the claim saying “By using the standardised empty receptacle testing method, the Commission did not manifestly and gravely disregard the limits on its discretion or commit a sufficiently serious breach of the principles of equal treatment and sound administration.”
Dyson are appealing the ruling, a spokesperson saying: “In 2017 the European Court of Justice, Europe’s highest court, set out in clear terms that the Commission cannot validly test a vacuum cleaner when empty of dust and that, in unlawfully stipulating an empty test, the Commission had broken its own laws and ignored Dyson’s evidence.
Continuing he said “Now, ruling on Dyson’s damages claim, the lower-tier General Court, despite accepting the European Court of Justice’s ruling, seems to want to rewrite history. It is trying to argue that the dust loaded testing of vacuum cleaners is inaccurate. This is simply untrue. The Court has accepted the Commission’s tortuous and weaselly excuses to avoid accepting liability for its wrongdoing.”
Dyson claims of millions of shoppers were misled has no doubt been watched closely by other producers of bagless vacuums, as any ruling in their favour would most likely open the door for other claims.
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Originally from South Africa, Peter is based on the Costa Blanca and is a web reporter for the Euro Weekly News covering international and Spanish national news.
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