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Tesla is breaking EU law for "other Europe" sales

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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
So break this down like I don't understand your complaint, 'cause I don't.
You expect that a car company, or any company should be able to sell a product in all markets at the same time? Hell companies like Apple have been doing staggered releases for years. Can you currently purchase a Model x or S? Because if so then this makes your argument even thinner.
Personally I don't see how it can be expected for a company to do a "global release" on any product. Hell they don't even release movies that way.
 
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So break this down like I don't understand your complaint, 'cause I don't.
You expect that a car company, or any car company should be able to sell a product in all markets at the same time? Hell companies like Apple have been doing staggered releases for years. Can you currently purchase a Model x or S? Because if so then this makes your argument even thinner.
Personally I don't see how it can be expected for a company to do a "global release" on any product. Hell they don't even release movies that way.

As far as I understand is that any resident within the EU could buy any product in any EU-country and import them without any barrier. This is the basis for the single market. If someone in France wants to buy a car in Portugal he or she should be able too. The only thing is that het needs to go to Portugal and pitck it up. When registering in his own country he might need to pay additional registration fees/taxes. That's all. What Tesla is doing is that they are geofencing it. Someone in France needs to purchase their Tesla in France and they cannot purchase it in any other EU-country. That is illegal according to EU-rules. Since OP is in Slovenia - which is a member of EU - he should be able to buy his Tesla in any EU country, go over there and pick it up.
 
As far as I understand is that any resident within the EU could buy any product in any EU-country and import them without any barrier. This is the basis for the single market. If someone in France wants to buy a car in Portugal he or she should be able too. The only thing is that het needs to go to Portugal and pitck it up. When registering in his own country he might need to pay additional registration fees/taxes. That's all. What Tesla is doing is that they are geofencing it. Someone in France needs to purchase their Tesla in France and they cannot purchase it in any other EU-country. That is illegal according to EU-rules. Since OP is in Slovenia - which is a member of EU - he should be able to buy his Tesla in any EU country, go over there and pick it up.
Interesting, yes I can see where this would be a problem, if it's actually Tesla that is making the restriction.
 
What some are misinterpreting here is, that Tesla has always allowed a customer from whole EU to purchase a car (S or X), even if from countries where they were not present - which is more than 10 countries. It is then responsibility of new owner to deliver the car to nearest service center, should something go wrong. Tesla has a very clear note about grey and black markets and how cars are treated there.

However, they refuse to do so with Model 3, simply by not selling it yet for “other europe”. And this term actually includes (by their terms) more than 10 countries in EU.

And this is against EU law. Simple.

With S or X, customer from anywhere in EU can get the car in Tilburg and import it in home country. However, if one would like to do this with the 3, Tesla refuses to do so. There is no explanation why. I have contacted store manager in Austria. However, she said nothing could be done and there is nothing in her power to do, she cannot sell a car due to Tesla policy.

Almost each tweet post Elon makes is quite full of comments/questions like: what about “other europe”. This has since been ignored.

And that actually affects millions and millions of europeans. Just one of those countries (lets say Poland) has 40 million residents. So to sum it up, all sales stats we see from Tesla doing well in EU is actually ~1/2 of the EU. The other part has none cars sold whatsoever. Hope the issue is clear now.
 
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What some are misinterpreting here is, that Tesla has always allowed a customer from whole EU to purchase a car (S or X), even if from countries where they were not present - which is more than 10 countries. It is then responsibility of new owner to deliver the car to nearest service center, should something go wrong. Tesla has a very clear note about grey and black markets and how cars are treated there.

However, they refuse to do so with Model 3, simply by not selling it yet for “other europe”. And this term actually includes (by their terms) more than 10 countries in EU.

And this is against EU law. Simple.

With S or X, customer from anywhere in EU can get the car in Tilburg and import it in home country. However, if one would like to do this with the 3, Tesla refuses to do so. There is no explanation why. I have contacted store manager in Austria. However, she said nothing could be done and there is nothing in her power to do, she cannot sell a car due to Tesla policy.

Almost each tweet post Elon makes is quite full of comments/questions like: what about “other europe”. This has since been ignored.

And that actually affects millions and millions of europeans. Just one of those countries (lets say Poland) has 40 million residents. So to sum it up, all sales stats we see from Tesla doing well in EU is actually ~1/2 of the EU. The other part has none cars sold whatsoever. Hope the issue is clear now.

I'll agree that is odd, but let's be honest filing a complaint with the ECC will take years to even register on the desk of someone important. If I were you guys I would relentlessly hound Tesla corporate and the Graz service center and try and get them to pass the news up the chain that they are actually breaking European law.
 
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
The summary states:
Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 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 and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (Text with EEA relevance. )
And mentions repeatedly that there can by justifiable reasons for geo-blocking.

What specific article are you claiming that Tesla is in violation of ? I'm not seeing an issue:

Article 4
Access to goods or services
1. A trader shall not apply different general conditions of access to goods or services, for reasons related to a customer's nationality, place of residence or place of establishment, where the customer seeks to:
(a) buy goods from a trader and either those goods are delivered to a location in a Member State to which the trader offers delivery in the general conditions of access or those goods are collected at a location agreed upon between the trader and the customer in a Member State in which the trader offers such an option in the general conditions of access;
...
2. The prohibition set out in paragraph 1 shall not prevent traders from offering general conditions of access, including net sale prices, which differ between Member States or within a Member State and which are offered to customers on a specific territory or to specific groups of customers on a non-discriminatory basis.

I get that people want their cars now, but Tesla can only build and ship so fast. While there are million of people in the EU, opening sales to all regions is not going to increase the rate at which people (overall) get their cars.
 
I'm also unclear on if this regulation applies to a foreign manufacturer vs one based in a member state (depending on the characterization of the service centers). Inter-EU trade vs import.


Region specific limitation due to vehicle requirements seems like it is allowed. Language specific labeling and manuals perhaps?

(31) In all those situations, traders may, in some cases, be prevented from selling goods or providing services to certain customers, or to customers in certain territories, for reasons related to customers' nationality, place of residence or place of establishment, as a consequence of a specific prohibition or a requirement laid down in Union law or in the laws of Member States in accordance with Union law. Laws of Member States may also require, in accordance with Union law, traders to respect certain rules on the pricing of books. Traders should not be prevented from complying with such laws in as far as necessary.
 
I really have a feeling to be repeating myself, everything has been discussed and explained several times already.
We do not demand to offer the car on every market, we understand they have limited number of stores and some countries (including mine) is maybe too small to have our own store.

But when I go abroad, to a country where they have a store, and want to buy (order) a car there, pick it up at their existing store and do the exporting and everything that follows on my own, they should not (and are not allowed) to deny me this right (Article 4, 1a). How I get my car from the store to my country and back there for servicing is not their concern.
Again, this is valid only inside the EU, do not mix that with Europe or entire world.


They would love to sell us model S or X, but they refuse to sell us Model 3. So there are no legal obje
 
(31) In all those situations, traders may, in some cases, be prevented from selling goods or providing services to certain customers, or to customers in certain territories, for reasons related to customers' nationality, place of residence or place of establishment, as a consequence of a specific prohibition or a requirement laid down in Union law or in the laws of Member States in accordance with Union law. Laws of Member States may also require, in accordance with Union law, traders to respect certain rules on the pricing of books. Traders should not be prevented from complying with such laws in as far as necessary.

This one talks about specific member state regulations, which there are none
 
@renatomik, you have our full support in your activity from the Czech Republic, we are in the same shoes as you in Slovenia. Perhaps this is the last chance how Tesla might change its attitude towards Central and Eastern European citizens.

I paid 1000 EUR for a reservation of the Model 3 more than 3 year ago and Tesla is not willing to sell me a car in Germany or Austria or Netherlands. I have also tried all the possible and imposible ways. The only way how I can really buy Tesla Model 3 is to pay about 3000 to 4000 EUR more to a German/Austrian middleman who would buy a Tesla Model 3 in the local market and resell it immediately to me (grey market). So if you live in the Other Europe region (memberstates of EU as for example Czech Republic, Poland, Slovakia, Slovenia, Hungary, Estonia, Latvia, Lithuania, Greece, Croatia, Malta, Cyprus a.s.o.) you are a 2nd level EU citizen, who is not allowed to buy Tesla Model 3 in Germany or Austria or any other country where they have Tesla stores.

Moreover, to tell you the truth, the talks about the Czech Republic or Poland having a possibility to buy Tesla Model 3 localy already now or very soon are just lies and pure propaganda which is completely false. Eventhough, we have a newly opened service center in Prague, they are not selling any Tesla cars localy neither work as a pick-up point for interner orders. According to the local staff it is impossible for them to deliver any cars because they do not have any space for that. They might be able to do so in a year or two, but definitely not in the foreseeable future. Elon Musk tweeted in a mid April that Czechia, Poland and UK will be opened for Model 3 orders in early May and just UK was opened, no country from the Eastern Europe. Later on he tweeted that he hopes that EE region will be opened this year... Perhaps even Elon does not know where these countries really are...
 
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Can I get you to clarify the situation? Are you asking to buy a Model 3 that is in stock and not assigned to a customer at a Tesla store in Germany and being refused, or are you asking to be put into the line to be able to order and configure for delivery in Germany? I think this makes a difference in the ethics of the situation (and possibly the legality - of course I profess no knowledge of the European legal system). It is one thing for Tesla to process orders with a regional roll out based on the residence of the buyer, and I think this is a reasonable approach. On the other hand, refusing to sell an inventory vehicle to a willing buyer makes no sense to me.
 
Can I get you to clarify the situation? Are you asking to buy a Model 3 that is in stock and not assigned to a customer at a Tesla store in Germany and being refused, or are you asking to be put into the line to be able to order and configure for delivery in Germany? I think this makes a difference in the ethics of the situation (and possibly the legality - of course I profess no knowledge of the European legal system). It is one thing for Tesla to process orders with a regional roll out based on the residence of the buyer, and I think this is a reasonable approach. On the other hand, refusing to sell an inventory vehicle to a willing buyer makes no sense to me.

We are talking about placing an actual order (not a reservation) and get a new car assigned to me.
There are no more lines (or reservations), just actual orders with configuration.
You are talking about ethics of the situation, that is exactly the point of this specific EU regulation, everyone (inside EU) should be treated the same, and so it is unethical from Tesla to treat us differently based on our address (country).

I see there could be a difference between stock and order, but it should make no difference (legally speaking) either to Tesla or us.
 
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.

That might be illegal too... Unless they have a very good reason you are supposed to be able to buy from dealers in other parts of the EU. You might have to pay some tax when you import the car though.