European Union's Court of Justice mandates the Commission to implement their proposals by taking required steps.
The European Court of Justice (ECJ) has issued a landmark ruling that significantly strengthens the rights of consumers affected by the diesel emissions scandal. The ruling, which applies to motorhome owners as well, establishes clear principles for compensating buyers of manipulated vehicles.
Manufacturers Remain Liable
Manufacturers like Volkswagen remain fully liable for using unlawful defeat devices or software that manipulates emissions, even if the vehicles were officially approved by EU or national authorities [1][3]. This liability extends to devices or software installed at production or through later updates, which reduce emissions only under certain conditions [1][3].
Consumers Can Claim Compensation
Consumers can claim compensation for damages caused by manipulated vehicles, but the amount can be reduced based on vehicle use or capped at 15% of the vehicle purchase price, ensuring compensation reflects the actual damage suffered [1][3]. Approval of the vehicle or its parts does not absolve the producer from liability, strengthening consumers’ legal position in seeking redress [3].
Potential for Further Compensation Claims
The ruling opens the door for further compensation claims by affected buyers across the EU, potentially increasing financial liabilities for car manufacturers [1][3]. The decision underlines the need for transparency and fair compensation mechanisms for consumers impacted by emissions manipulation, contributing to broader regulatory and legal scrutiny of car manufacturers in the EU [3].
Dr. Stoll & Sauer Leading the Way
Dr. Stoll & Sauer, a leading law firm in consumer protection, is at the forefront of fighting for the rights of consumers affected by the diesel emissions scandal. The firm is currently leading a model declaratory action against Mercedes-Benz Group AG, and has negotiated a settlement of €830 million for 260,000 consumers in the model declaratory action against Volkswagen AG.
For motorhome owners, Dr. Stoll & Sauer offers a free Diesel Online Check to secure their damages claim. The firm also represents plaintiffs in the collective action against the Facebook data leak against Meta in Germany.
With this ruling, consumers affected by diesel emission manipulations now have a stronger legal basis to pursue compensation claims, with the possibility of partial reductions in indemnity linked to vehicle usage, but with firm manufacturer liability upheld [1][3]. The ECJ ruling reinforces consumer rights across Europe against manufacturers who put vehicles with illegal defeat devices on the market.
[1] EuGH ruling, Case No.: C-666/23 [2] Bundesgerichtshof (BGH) ruling, Case No.: VIa ZR 1425/22, November 2023 [3] ECJ ruling, Case No.: C-666/23
- Manufacturers, such as Volkswagen, remain liable for using unlawful defeat devices or software that manipulates emissions, even if the vehicles were approved by EU or national authorities, due to the landmark ruling issued by the European Court of Justice (ECJ).
- The ruling establishes clear principles for compensating buyers of manipulated vehicles, allowing consumers to claim damages caused by the manipulation, with potential reductions based on vehicle use or capped at 15% of the vehicle purchase price.
- The decision opens the door for further compensation claims by affected buyers across the EU, potentially increasing financial liabilities for car manufacturers, highlighting the need for transparency and fair compensation mechanisms for consumers impacted by emissions manipulation.
- Dr. Stoll & Sauer, a leading law firm in consumer protection, is at the forefront of fighting for the rights of consumers affected by the diesel emissions scandal, having already negotiated settlements for consumers in model declaratory actions against both Volkswagen AG and Mercedes-Benz Group AG.
