The Court of Justice of the European Union (EUJ) put an end to one of the last debates that arose as a result of “”.diesel gateBy recognizing the right of those affected—of the 2015 emissions scandal—to seek compensation from the manufacturer who illegally installed a device to manipulate a vehicle’s emissions data.
The decision serves to settle the case in which a German citizen faced the trademark mercedes benz after the customer buys a vehicle device that falsifies its emissions. The buyer of the car appealed to the Ravensburg District Civil and Criminal Court, which referred the case to the European Court, to decide whether the plaintiff was entitled to claim compensation and, if so, how the amount should be calculated.
Consequences and amount of compensation
According to the decision, “Whoever purchases a vehicle equipped with an illegal vandalism device, has the right to be compensated by the automaker”. The text resolves that European legislation “protects against the manufacturer the private interests of the individual buyer of a motor vehicle when equipped with a prohibited deactivation device”.
Therefore, European law “establishes a link between the manufacturer of a vehicle and its buyer” and its purpose “Assurance to the buyer that the vehicle in question complies with EU law.“Member States are obliged to ensure that the buyer of the vehicle enjoys the right to be compensated by its manufacturer”.
attribution amount compensation, the court clarifies that it corresponds member states Although it determines the criteria for the calculation ofNot making it impossible or unreasonably difficult to obtain compensation sufficient to cover the damages to the buyer”. Similarly, the CJEU decision urges national governments to avoid “unjust enrichment of beneficiaries”.
Dieselgate, the eight-year debate
Period “diesel gateIt was unknown to the whole world until 2015United States Environmental Protection Agency, EPAand the California Air Resources Board (CARBOHYDRATE) accused with volkswagen using an illegal device in their cars to reduce emissions of polluting gases from diesel vehicles in homologation tests. Both organizations cited a West Virginia University study conducted between 2012 and 2015 with Volkswagen and BMW brand models.
Even Volkswagen admitted 11 million cars They are affected and can emit up to 40 times less than allowable nitrogen oxide (NOx) levels. Engines affected, according to EPA 1.2, 1.6, 2.0 and 3.0 liter TDI much 40 models of brands Volkswagen, Audi, Seat, Porsche and Skoda.
From that moment on, a whole legal process began, calling for more than 100 reviews at the request of the European Commission as milestones. 8.5 million vehicles the Volkswagen Group in the European Union repaired them and eliminated this emission reduction system; More than the payment made in 2016 15 billion dollars in the United States to reimburse affected vehicle owners; the penalty fee imposed in 2018 by the German prosecutor’s office 1 million for manipulation of emissions; compensation for excess 9,000 million eurosto them investors for losses as a result of the scandal or blame in total 15 managers group, including martin winterHe was the group’s executive director at the time because he was involved in the scandal.
In 2021, after years of legal battle, OCU won Spain A lawsuit against the auto company, for which the Volkswagen Group demands recognition of its deception and compensation for it. 3,000 euros to each affectedthe company has to pay the total € 16.33 million as compensation. The sentence was appealed by the German group, who saw how similar sentences were imposed in other countries such as Italy.
Other Signs of Emissions Manipulation
In addition to tools, volkswagen groupOther auto companies have been accused of using illegal devices to modify emissions tests on their vehicles. Among them, the group FCA Now part of Stellantis after merging with PSA, which agreed to pay more than 500 million fines and damages in the United States in 2019, and Mercedes-Benz AG -call later Daimler– Agreeing to pay penalties of more than $1.5 billion in 2019. suzuki, mitsubishi And ford Here are a few more examples – where some of their vehicles reported finding problems in emissions tests, where they were fined but not charged with manipulation.
General Motors and Renault Group These are also pointed out by the clause, but in both cases there is no sentence or conclusion. The French firm denied the accusations made by the French authorities in January 2021, claiming to cooperate with any investigation.