The decision of the European Union Court of Justice (ABAD) regarding the “dieselgate” case this week changed the rules of the game. After years of legal battles, millions of dollars in fines and equally large damages, the matter seems to have reached a stalemate. Again, There are many who do not claim compensation Still after the purchase of an affected model and ABAD last tuesday, they can.
The decision states that “the buyer of a vehicle equipped with an illegal defeat device has the right to be compensated by the manufacturer automobiles” and European legislation “protects against the manufacturer the private interests of the individual purchaser of a motor vehicle when equipped with a motor vehicle” It is forbidden to beat the device”. In this sense, the purchase of a vehicle “establishes a link between the manufacturer of a vehicle and its buyer” and its purpose “guarantee to the buyer that the vehicle in question complies with EU legislation”.
In this sense, it is now member states defining and accessing criteria for determining the amount of compensation. At the request of the CJEU, it is EU countries that must henceforth ensure the right of compensation to the buyer of an affected vehicle. They are also necessaryNot making it impossible or unreasonably difficult to obtain compensation”.
Who can claim?
He will answer this question himself. spanish state When defining the conditions and method by which the amount of compensation will be calculated. However, according to the ECJ decision, Any buyer of a vehicle equipped with an emissions management system will have access to compensation. by the manufacturer as long as it proves to be damaged For the purchase of the same, as the European court also encourages to avoid the “unjust enrichment of beneficiaries”. The buyer can request whatever whether you still own the vehicle.
All of this completely changes the way claims are handled. Until now, only those affected A manufacturer – Volkswagen Group – who admitted to using this system deliberately to deceive the market could argue. Spanish buyers, for example, have so far with the case in the hands of the German courts. complain to the manufacturer and distributor up to the year 2027. When new conditions are determined, according to the Board decision ABAD, Any buyer of a manipulated car will be able to do this.
Affected cars
CJEU’s latest ruling resolves a German citizen’s trademark lawsuit After purchasing Mercedes-Benz diesel car with asterisk device that falsifies emissions. The company refused to compensate the customer after paying fines and recalling thousands of vehicles to fix the problem. If, after the court’s decision, it is shown that the purchase meant some kind of harm to the buyer, you must do so. It should be noted that Diesel cars are more expensive than petrol cars.
In this sense, many models mercedes benz produced between 2016 and 2018 they may be affected. Specifically, Class A, Class B, Class C, Class E, Class S, GLC, GLE, GLS, Vito And sprinter with diesel engines.
In the case of volkswagen groupthe list is longer and more complex because it affects several engine types, 1.2, 1.6, 2.0 and 3.0 liter TDI dozens of brands Volkswagen, Audi, Seat, Porsche and Skoda in different years of manufacture. This is the complete list of affected models from the German consortium:
volkswagen:
Golf (2009 – 2015 models)
Jetta (2009 – 2015 models)
Passat (2014 – 2015 models)
Insect (2009 – 2015 models)
Touareg (2014 – 2016 models)
Polo (2009 – 2014 models)
Amarok (models 2011 to 2016)
audi:
A1 (2010 – 2015 models)
A3 (models 2009 to 2015)
A4 (models from 2009 to 2015)
A5 (models from 2012 to 2015)
A6 (models 2012 to 2015)
3rd Quarter (2011 – 2015 models)
Q5 (2014 – 2016 models)
TT (2009 – 2014 models)
skoda:
Octavia (2009 – 2013 models)
Excellent (2009 – 2015 models)
Yeti (2009 – 2015 models)
seats:
Ibiza (models 2009 to 2015)
Leon (2012 – 2015 models)
Altea (models 2009 to 2015)
Toledo (2012 – 2015 models)
At the same time, there are several models from other car groups that use similar devices for emission manipulation. HE jeep grand cherokee And Dodge Ram 1500 Some examples between 2014 and 2016. It has been determined that other cars belonging to brands such as renault –Captur, Clio, Espace, Kadjar, Mégane and Scénic– anyone mitsubishi –ASX, L200 and Outlander– emitted lower levels of nitrogen oxides (NOx) than current generations during emissions tests on previous generations.