BRUSSELS (Reuters] – On Thursday, the European Union’s top court dismissed a lawsuit brought by Paris and Madrid against the European Commission. The complaint was filed by cities in Brussels, Madrid and Paris accusing it of setting too high car emission limits for nitrogen oxides.

Court of Justice of the European Union, CJEU, thereby overruled an older judgement in favor of the Cities from the General Court. The General Court is the EU’s second highest chamber. It prompted appeals from Germany, Hungary, as well as the Commission.

It revolves around how the Commission introduced real driving emissions testing following the 2015 Dieselgate scandal and set emission limits on N2Os for light passenger cars and trucks.

They complained that the limit was higher than the Euro 6 standard which is applicable to vehicles with a registration date of 2015 or less. They argued that it hindered their ability to control vehicle circulation to lower air pollution.

They were supported by the General Court, and the Advocate-General in his advisory to CJEU judges. They overturned their decision.

CJEU ruled that the Directive of the Commission referred only to registration and selling vehicles, not circulation. Cities were therefore not directly affected by this directive.

The higher court ruled that cities can still restrict vehicle circulation to preserve the environment, but not in violation of EU law.