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Tesla is breaking EU law for "other Europe" sales

renatomik

Member
Mar 6, 2019
29
35
Slovenia
Hello everyone,

I am trying to buy a TM3 as a member of "other Europe" country, that is in EU, unsuccessfully as everyone else.
Than I came across a EU regulation on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market
EUR-Lex - 32018R0302 - EN - EUR-Lex

So in short, Tesla should not prevent anyone inside EU to purchase a car in other EU country.

I have already filed an official complaint and reported them at my local European Consumer Centre (ECC), but maybe more pressure is needed to have this solved sooner. You can find your ECC here:
European Consumer Centres Network

Yes, they started to open other countries (Iceland and Czech Republic), but those are only 2 of many.

We need to make ourselves heard, progress is just too slow
 

Huskyf

Member
Jan 6, 2018
529
1,222
Geneva - CH
Hello everyone,

I am trying to buy a TM3 as a member of "other Europe" country, that is in EU, unsuccessfully as everyone else.
Than I came across a EU regulation on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market
EUR-Lex - 32018R0302 - EN - EUR-Lex

So in short, Tesla should not prevent anyone inside EU to purchase a car in other EU country.

I have already filed an official complaint and reported them at my local European Consumer Centre (ECC), but maybe more pressure is needed to have this solved sooner. You can find your ECC here:
European Consumer Centres Network

Yes, they started to open other countries (Iceland and Czech Republic), but those are only 2 of many.

We need to make ourselves heard, progress is just too slow

Do you want to buy an electric car if you don't have Superchargers in your County or Service Center. ???
 

matija

Member
Mar 15, 2019
15
28
Slovenia, EU
Hey Renato. You're so right. I have expressed that and pointed out that exact EU regulation 2018/302 of the European Parliament (with direct links) to one of the store managers in Tesla Austria few weeks ago. Since then, I have yet to hear from them.
 

matija

Member
Mar 15, 2019
15
28
Slovenia, EU
Do you want to buy an electric car if you don't have Superchargers in your County or Service Center. ???

Greetings Husky.

Service Center is closer for us that for many americans. It is a very small country, total population is less than a district of some bigger city.
We do have 3 superchargers that completely cover the country. However, one usually needs a SC when travelling and all neighbouring countries are basically *packed* with superchargers, identically as our country. On top of that, we have shitload of CCS rapid chargers and HPCs are coming online at great pace.

You are welcome to check this at supercharge.info
 

67King

Member
Feb 2, 2018
323
218
Knoxville, TN
I suppose I would have a few points/questions:
1. Do you know that it is Tesla's decision, and not your government's? As stated above, many states here will not let Tesla sell cars through dealerships due to heavy lobbying by entrenched businesses.
2. How do the regulations account for growing companies? I don't understand how a company could reasonably be expected to establish dealers in each EU country simultaneously, but that is what it reads that is expected. It does not appear that there are any dealers in any of the eastern Europe/former Soviet block countries.
 

Johann Koeber

Active Member
May 1, 2012
1,197
3,933
Hersbruck, Germany
Hello everyone,

I am trying to buy a TM3 as a member of "other Europe" country, that is in EU, unsuccessfully as everyone else.
Than I came across a EU regulation on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market
EUR-Lex - 32018R0302 - EN - EUR-Lex

So in short, Tesla should not prevent anyone inside EU to purchase a car in other EU country.

I have already filed an official complaint and reported them at my local European Consumer Centre (ECC), but maybe more pressure is needed to have this solved sooner. You can find your ECC here:
European Consumer Centres Network

Yes, they started to open other countries (Iceland and Czech Republic), but those are only 2 of many.

We need to make ourselves heard, progress is just too slow


You could just import one from a country where they are sold (eg Germany)
 

renatomik

Member
Mar 6, 2019
29
35
Slovenia
I suppose I would have a few points/questions:
1. Do you know that it is Tesla's decision, and not your government's? As stated above, many states here will not let Tesla sell cars through dealerships due to heavy lobbying by entrenched businesses.
2. How do the regulations account for growing companies? I don't understand how a company could reasonably be expected to establish dealers in each EU country simultaneously, but that is what it reads that is expected. It does not appear that there are any dealers in any of the eastern Europe/former Soviet block countries.


1. I suppose number 1 is meant for Texas, so I will not comment on that.

2. I am not talking about opening stores in all countries, which of course draws additional costs for them. The issue is that I want to go in their current store in Austria or Germany and buy a car there, and they refuse to sell me a car. Which, by EU regulations, they should not. All residents of each EU country must have same rights and obligations within EU
 
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WarpedOne

Supreme Premier
Supporting Member
Aug 17, 2006
4,409
7,638
Slovenia, Europe
You could just import one from a country where they are sold (eg Germany)
No, I cannot do that except as a second-hand i.e. used vehicle.
Tesla Stores in German do not take orders from non-german customers. Same with austrian stores, italian stores, etc.
 

SSedan

Active Member
Jul 24, 2017
2,948
2,589
Greenville Wisconsin
Before blaming Tesla I would do some more legwork to see if there is a conflicting country regulation. Maybe Tesla has to be registered with your government or has to jump thru regulatory hurdles and they have not seen enough volume interest to make it worthwhile.
 
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67King

Member
Feb 2, 2018
323
218
Knoxville, TN
1. I suppose number 1 is meant for Texas, so I will not comment on that.

2. I am not talking about opening stores in all countries, which of course draws additional costs for them. The issue is that I want to go in their current store in Austria or Germany and buy a car there, and they refuse to sell me a car. Which, by EU regulations, they should not. All residents of each EU country must have same rights and obligations within EU

THere are several states, not just Texas. That was an example.

Ah, sorry I was confused in what you were saying. But, circling back to point 1. How do you know that Tesla is "refusing" to sell you a car by their own will, and not because your government has some policy in place that prevents it? Even here in the US, different states have at times had different regulations. While most of the OEM's all meet California emissions requirements for their entire fleet, that has not always been the case. For example, in the late 2000's, many diesels could not be sold new in CA. People would buy them new in other states, drive them for a couple of thousand miles, and then sell them to CA residents as used cars. Some dealers even did that with their demo cars. That was a case where Mercedes could not sell their CDI's in California, not because they had something against CA, but rather because it was CA that prevented it.
 
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renatomik

Member
Mar 6, 2019
29
35
Slovenia
Reply to both, EU regulations are above all other local country regulations here.
And this specific one is saying, that they have to offer a product to all EU citizens under the same rights and obligations. That means if someone from Germany can go to Berlin and buy a car, I should also go to Berlin and buy the same car. They must not refuse to sell me a car, just because my residence is in another EU country. And this is exactly what they do now.

(btw we are talking about EU (European Union), not Europe! EU has a common market and a free flow of goods inside this market)
 
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67King

Member
Feb 2, 2018
323
218
Knoxville, TN
Reply to both, EU regulations are above all other local country regulations here.
And this specific one is saying, that they have to offer a product to all EU citizens under the same rights and obligations. That means if someone from Germany can go to Berlin and buy a car, I should also go to Berlin and buy the same car. They must not refuse to sell me a car, just because my residence is in another EU country. And this is exactly what they do now.

(btw we are talking about EU (European Union), not Europe! EU has a common market and a free flow of goods inside this market)

I understand what you are saying, and Federal laws supercede state laws here, too. However, just because the EU laws will mandate that a vendor must sell a product in one country regardless of the residence of the consumer does not necessarily mean that the consumer's country will allow that product's use. Example, Amsterdam made a great many drugs legal for recreational use before anyone else in the world was doing it. I suppose that the EU law would mandate a drug dispensory would be required to sell whatever drug to whomever resident of whatever other country. But that does not mean that the other country has to allow whomever to use that drug. I can imagine a scenario where a vehicle must be registered in whatever country its owner resides (here that is done through the dealer). Perhaps that is where the hangup is?

Two other thoughts..............first is have you contacted another dealer? Second, have you checked with anyone in whatever appropriate agency in Slovenia to verify that the country will allow the car to be registered there?

The reason I'm asking these questions is that I can see no strategic reason, whatsoever, that Tesla would refuse to sell a car where it can. And I can think of several reasons why it would WANT to sell a car in an area where it currently has no presence.
 

renatomik

Member
Mar 6, 2019
29
35
Slovenia
I understand what you are saying, and Federal laws supercede state laws here, too. However, just because the EU laws will mandate that a vendor must sell a product in one country regardless of the residence of the consumer does not necessarily mean that the consumer's country will allow that product's use. Example, Amsterdam made a great many drugs legal for recreational use before anyone else in the world was doing it. I suppose that the EU law would mandate a drug dispensory would be required to sell whatever drug to whomever resident of whatever other country. But that does not mean that the other country has to allow whomever to use that drug. I can imagine a scenario where a vehicle must be registered in whatever country its owner resides (here that is done through the dealer). Perhaps that is where the hangup is?

Two other thoughts..............first is have you contacted another dealer? Second, have you checked with anyone in whatever appropriate agency in Slovenia to verify that the country will allow the car to be registered there?

The reason I'm asking these questions is that I can see no strategic reason, whatsoever, that Tesla would refuse to sell a car where it can. And I can think of several reasons why it would WANT to sell a car in an area where it currently has no presence.

When I was in Amsterdam, I could easily get any drugs there, they are happy to sell :) Anyone can buy it and use it, the problem can happen when exporting to other county, but this is a problem of buyer, not seller.

I appreciate you are trying to help, but believe me, I tried 'everything', before resorting to legal actions (if they can be called legal) and opening this topic.
I have personaly been in 3 tesla stores: Berlin (Germany), Dusseldorf (Germany) and Graz (Austria). I have been in direct contact with HQ in Amsterdam in a 30 min phone call after several e-mails.
There are already some teslas in our country, I even heard there is one TM3. So there are no country limitations, and there also must not be, again because of one EU system for vehicles (also checked before!).
I was offered to buy a TM3 in official store, by the store manager, through a german independant broker for additional 4000€ (cca 5000 us$).

Store manager told me they have multiple requests weekly, but their instructions from above are to only sell cars to domestic customers.

additional fun fact, cheapest Model S in Austria (for example) is 89.000€ with 20% tax, and for other Europe it was 89.000€ without tax. Now "other Europe" is completely removed from country selection.
 
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