On September 23, 2021, the Advocate General Rantos issued his Opinion in the Cases C-128/20 GSMB Invest, C-134/20 Volkswagen, and C-145/20 Porsche Inter Auto and Volkswagen before the Court of Justice of the European Union. According to a press release from the Court, the cases deal with purchasing of motor vehicles containing software that limits nitrogen oxide emission reductions. The Court was asked to rule on whether such software is a “defeat device” (see art. 3(10) of Regulation 715/2007/EC), and whether exceptions to the prohibition of defeat devices apply in the present cases. As per the Article 5 of the Regulation 715/2007/EC, unless there is an exception, the use of defeat devices that reduce the effectiveness of emission control systems is prohibited. Advocate General Rantos found that the software at issue is a “defeat device,” and the software cannot enjoy the exceptions to the prohibition of defeat devices.