88It is not apparent either from the wording of Article 5(2) of Regulation No 715/2007, which provides that the use of defeat devices that reduce the effectiveness of emission control systems is prohibited, subject to certain exceptions, or from that of Article 3(10) of that regulation, which defines the concept of a ‘defeat device’, that a distinction must be made according to whether such a device is installed at the stage of production of a vehicle or only after it has been put into service, in particular, following a repair, within the meaning of Article 3(2) of Directive 1999/44, for the purposes of assessing whether the use of that device is prohibited.
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