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The Courts EU

Dyson Loses Fight For $198 Million Compensation Over EU Energy Labeling Rules (reuters.com) 50

An anonymous reader quotes a report from Reuters: Britain's Dyson, which makes bagless vacuum cleaners, on Wednesday lost its fight for $198.4 million in compensation from the European Commission for alleged losses due to EU energy labelling rules. Dyson had challenged the rules introduced by the EU executive in 2014, saying the labelling requirements on vacuum cleaners discriminated against its technology, misled customers about the efficiency of some vacuum cleaners and unfairly benefited its German rivals.

It won the backing of the Luxembourg-based General Court, which in its 2018 ruling scrapped the EU energy labelling rules. Dyson subsequently went back to the same court seeking 176 million euros in compensation for losses allegedly incurred due to the rules. The court dismissed its claim. "By using the standardized 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," judges said. Dyson said it would appeal.

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Dyson Loses Fight For $198 Million Compensation Over EU Energy Labeling Rules

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  • They can... suck (Score:4, Interesting)

    by Vihai ( 668734 ) on Thursday December 09, 2021 @08:19AM (#62062503) Homepage

    Well deserved after they marketed their "digital motor" and "air watts"

  • I don't see how there could be a problem if every manufacturer is treated the same.
    • by Ecuador ( 740021 )

      I haven't read about the case, but, while I do not own one, the reason you pay a lot of money for a Dyson vacuum is that it sucks the same no matter how much dirt there is in the canister. From TFS it seems to me the EU made efficiency ratings with empty canister. For most vacuums apart from Dyson, this would make them have a great rating even though in real world performance once you start getting some dirt their efficiency could potentially drop rapidly. Similar to how EPA does not lift the cars off the g

      • Instead of suing for losses you can't prove, just put another energy use number on the vacuum rated at half full. Everyone will start to wonder why the other vacuum manufacturers do not have such a rating, and they will want to know what it is. I thought the inventor of that vacuum was supposed to be clever - maybe not.
    • by Alcari ( 1017246 )
      Technically yes, but Dyson uses a bag-less system. The testing (before it was ammended) was done using an "empty receptacle".

      For Dyson, that's the default condition when it's empty, but for a bag-system, not putting in a bag means they are tested under much better conditions than normal use. Dyson succesfully argued that it's not a level playing field, because the competition is evaluated at a better-than-normal-use state, while they are tested at equal-to-normal levels.
    • by coofercat ( 719737 ) on Thursday December 09, 2021 @09:05AM (#62062593) Homepage Journal

      The problem, according to Dyson was that when the EU brought in rules about maximum power a vacuum could consume that it unfairly favoured some manufacturers over others.

      I believe the thinking was that a 2KW crappy vacuum performs about as well as (say) a 1200W Dyson - the 2KW one being woefully inefficient and poor designed, and say what you like, but Dyson do spend a lot of time finessing their designs - not sure if we can call them ultra-efficient, but they're certainly not complete laggards. Dyson was able to sell based on the suck, not the raw power consumed - and of course did quite will at it.

      When the EU said 1800W was the maximum you could ever have, it brought the raw power of a vacuum into the buying decision (and defocussed the suckiness), so people bought 1800W vacuums thinking they were better than a 12000W Dyson - guess who makes 1800W vacuums? Loads of people, mostly German.

      The EU should indeed take some responsibility here - they could have made a limit based on efficiency or something, but they went for a simpler maximum power draw from the wall socket - which achieved their aims, but didn't really help the market out. It's debatable if they owe Dyson anything for their decision though, but that's what the courts are for.

      Had they mandated that you had to have a certain "suck per watt" or some such, then Dyson would have out-competed many because of their lower wattage, but if someone wanted to suck up a hurricane, they could have bought a 2KW beast to do it. Both would have been equally "efficient", yet one more capable than the other.

      • by Alcari ( 1017246 )
        That, but the main issue is that efficiency testing was done with an "empty receptacle", which for Dyson is the normal state (they're all bag-less models), but for the competition that's a state you never see (turning on the vacuum with no bag). So that's a rather unfair comparison to Dyson.
      • by AmiMoJo ( 196126 )

        It was the opposite of that. The EU brought in the power limit because manufacturers were pushing the wattage of their cleaners heavily. The box would say "3000W" and consumers assumed that more power = better cleaning.

        The EU labels were designed to help dispel that myth too, by giving consumers test data showing how well the machines actually worked.

        Even 1200W is a lot for a vacuum cleaner. Japanese models are often in the 300-500W range and do very well in tests. In fact Dyson's own cordless ones are in t

        • I'm sure that those "tests" they do "very well" in are about as realistic as the "tests" than EU dishwashers and clothes washers/dryers do "very well" in, IE complete bullshit that leads to a product that's utter garbage in the real world to the point it's more wasteful than before because of how atrociously it performs. Like showerheads and toilets that are so low flow you need to spend four times as long rinsing your hair out, and flush three times to get everything down.

          Or allegedly "green" washers and d

          • by AmiMoJo ( 196126 )

            The reason low flow toilets are rubbish is because they are badly designed. If you look at Japanese designs, they accelerate the water so that it swirls around the bowl with some force. Much less water is needed and it clears the waste even more effectively.

            The reason low flow shower heads are rubbish is because they are badly designed. In fact the whole shower unit is badly designed in most cases. Having water simply fall from above in a wide spray is very inefficient.

      • Dyson complaining about the tests being unfair ... but the Dyson models all scored in the top category and so were labelled as being the best ... ?!

        The only loss of sales was due to their 'premium' prices compared to vacuums that can be shown to perform as well in *any* test not just the EU ones ...

      • However a typical vacuum cleaner is far below 1800W. So your reasoning does not really make sense.

        • Most of Europe has much higher capacity outlets. That said, I purchased a 6 HP = 4500 W vacuum at Home Depot on the weekend. Many have questioned the correctness of power ratings of vacuums.

          A typical U.S. outlet can only power a 1 HP = 750W motor. The circuit itself is often rated at 110 V / 15 A i.e. 1650W. However, motors commonly draw many times the rated current at startup. This means if a 2 HP or larger motor is connected, then it will often blow fuses on startup.

          Also, for most products, a U.L.

          • I like the 3600W vacuum cleaners that a company made by bolting 3 1200W motors+turbines together. They even have 3 on/off switches so you don't blow the fuse when it starts up. Or if you want to run at partial power.

          • by tlhIngan ( 30335 )

            A typical U.S. outlet can only power a 1 HP = 750W motor. The circuit itself is often rated at 110 V / 15 A i.e. 1650W. However, motors commonly draw many times the rated current at startup. This means if a 2 HP or larger motor is connected, then it will often blow fuses on startup.

            Also, for most products, a U.L. specifications limit the maximum amperage of most portable devices. This deals with the common situation where the 15A circuit is shared amongst many receptacles including room lights. The maximum

            • by jsonn ( 792303 )
              At least in Germany, all power outlets in modernish buildings are rated for 16A. Power outlets in an individual room are normally on the same circuit with light being separate. Main fuse is typically 63A, but residential housing with 32A is also seen when the wiring is older. That's for three phase power, so 400V and not 230V. 24kW seems plenty for a regular household...
  • And yet apparently had the best ratings, then Dyson is not a company that has demonstrably suffered losses.

    • by bws111 ( 1216812 )

      How do you figure? Some consumers will just go for max performance, so Dyson isn't losing them with the testing. And some will just go for lowest cost, and Dyson isn't getting those customers anyway. But the majority of consumers will make a choice based on price/performance. And if flawed testing inflates the price/performance of a competitor, then you certainly can suffer loses due to the flawed testing, regardless of whether you test better than them.

  • by Martin S. ( 98249 ) on Thursday December 09, 2021 @11:23AM (#62063077) Journal

    Dyson's case appears politically motivated. He is part of a cabal of notorious brexit backers who managed to bounce the UK out of the EU to avoid the consequences of the EU anti-tax avoidance laws.

    https://ec.europa.eu/taxation_... [europa.eu]

    • by Anonymous Coward
      The adoption of regulations by the Council came only three days before the Brexit vote, Parliament after it, and the implementation before Brexit happened. If there was a smoking gun for Brexit, this is not it.
  • I mean it really sucks bur Dyson should be used to sucking. Its there number one product feature.

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