74Consequently, as has been pointed out in paragraph 63 above, and in view of the strict interpretation to be given to that exception, a defeat device such as that at issue in the main proceedings can be justified under that exception only where it is established that that device strictly meets the need to avoid immediate risks of damage or accident to the engine, caused by a malfunction of a component of the exhaust gas recirculation system, of such a serious nature as to give rise to a specific hazard when a vehicle fitted with that device is driven. As the Advocate General pointed out in point 126 of his Opinion, however, such a determination is, in the main proceedings, part of the assessment of the facts which falls to the referring court alone.
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