The judgement of the General Court in the Dutch NOx case1 received considerable attention in legal literature2 well before the appeal lodged against it by the European Commission (hereinafter: the Commission) was decided upon by the European Court of Justice (hereinafter: the ECJ or the Court). The focus of the legal writings was the material selectivity test, which, after the famous British Aggregates case,3 was again applied in a very creative way by the General Court.4 Was the approach of the ECJ, when deciding on the appeal in the Dutch NOx case, too conservative or did the General Court once more seek to move beyond the case-law, as AG Mengozzi commented regarding the...