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Tesla Model 3 vehicles at the carmaker’s factory in Shanghai, China
Tesla Model 3 vehicles at the carmaker’s factory in Shanghai, China. Photograph: Aly Song/Reuters
Tesla Model 3 vehicles at the carmaker’s factory in Shanghai, China. Photograph: Aly Song/Reuters

Tesla takes EU to court over tariffs on EVs made in China

Elon Musk’s company still imports large number of cars into Europe from its Shanghai factory

Tesla has filed a complaint against the European Commission after the imposition of tariffs by the bloc on its Chinese-made electric vehicles.

The EU announced its decision to impose tariffs on all imports of Chinese electric cars in June, alleging that the Chinese government had provided unfair state subsidies to manufacturers in order to win a dominant position in the emerging industry. EU leaders approved the tariffs in October.

Records at the website of the European court of justice showed that Tesla (Shanghai) filed its case at the commission at the court last Wednesday. It gave no further information.

Tesla, led by the chief executive, Elon Musk, makes cars in Berlin, as well as in its home US market. However, it still imports a large number of cars into Europe from its Shanghai factory, leaving it exposed to tariffs. The carmaker is due to pay significantly lower tariffs at 7.8% than some competitors, who will face up to 35.3%.

The case will mean that the main company controlled by Musk will be fighting a legal case against the EU at the same time as the billionaire serves as one of the most prominent financial backers of Donald Trump. Musk, who was the biggest individual donor to Trump’s election campaign, has been appointed to run a new advisory Department of Government Efficiency, also referred to as Doge, after a meme featuring a shiba inu dog.

Musk has in the past year become a vocal critic of the EU – criticising the commission as “undemocratic” – and individual member state governments. Most notably, on Saturday he appeared via video link at a campaign event for Alternative für Deutschland, a far-right political party in Germany.

Adding to the web of potential conflicts of interest, the EU is investigating Musk’s social network, X, over alleged failure to limit election interference, most notably in Romania’s recent election.

Despite Musk’s support of Trump, who has said he will implement steep tariffs on all Chinese exports to the US, a successful appeal against the EU tariffs could directly benefit Chinese manufacturers.

However, several German carmakers, which have joint-ventures in China, have also criticised the EU tariffs, arguing instead for free trade, which would allow them to continue to sell to the enormous Chinese market. Germany’s BMW, the Chinese electric vehicle makers BYD, Geely and SAIC and the auto sector body CCCME have also challenged the EU’s import tariffs at the court, according to Reuters.

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The EU’s tariff imposition came after a months-long study of the alleged subsidies provided by the Chinese state, ranging from free land for car factories, cheap borrowing, and tax exemptions for battery manufacturers.

The US under Joe Biden also imposed steeper 100% tariffs on Chinese electric cars.

More on this story

More on this story

  • Elon Musk’s Tesla has received almost £200m in UK grants since 2016

  • Musk’s legal battle for his $56bn goes on. Tesla’s board still looks supine

  • Tesla’s value drops $60bn after investors fail to hail self-driving ‘Cybercab’

  • Tesla home checks on workers on sick leave defended by boss in Germany

  • Tesla faces lowest duty on Chinese-made cars exported to EU

  • Why have the big seven tech companies been hit by AI boom doubts?

  • Elon Musk claims Tesla will start using humanoid robots next year

  • Elon Musk says Tesla shareholders voting to back $45bn pay deal

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