A claim brought forward by Portuguese thermodynamic module manufacturer Energie EST Lda against the Microgeneration Certification Scheme (MCS) has been dismissed.
The thermodynamic manufacturer brought forward the legal challenge after MCS clarified that the particular product was only certified when using water or water-glycol mix, rather than a refrigerant.
Energie EST Lda sought the judicial review of MCS’s decision, as well as the ongoing MCS process to bring thermodynamic modules within the scope of the MCS standards.
Mr Justice Blair dismissed all claims in their entirety, including a claim for substantial damages by the Portuguese manufacturer. Justice Blair noted that the MCS has to continuously “strike a balance on the one hand between the application of its standards and methodology in support of consumer confidence, and on the other avoiding risk of discouraging innovation and competition”.
MCS welcomed the decision to dismiss the claim against them and the Secretary of State for Energy and Climate Change, praising Mr Justice Blair’s “considered and balanced judgment, in a case that looked to test the scope of certification for products entering the UK market”.
The registration of thermodynamic installations using refrigerants has been suspended since November 2012, after MCS noted that the technology faced a number of uncertainties. The primary concern was that the performance of products being installed in the UK could not be fully determined, primarily because they use a specific refrigerant not used in the testing and certification process.
MCS is keen to stress that thermodynamic panels that use water or water-glycol mix can be continued to be registered as normal. A full copy of the letter, outlining the reasons behind the technology’s suspension from MCS can be found below:
2012 11 05 – Letter to Allinstallation Companies Re Thermodynamic Panels FINAL
The complete Judicial Review can be viewed here.
