CJEU rules targeted diesel cars may demand compensation

CJEU rules that those affected by diesel crossover are entitled to compensation

The European Union Court of Justice has issued a ruling that shifts how compensation is handled in the dieselgate affair. After years of court battles, fines, and damages, the landscape now allows more buyers to seek redress. Some claimants still seek compensation after purchasing an affected model, and the ruling indicates that they may have a path to it.

The decision states that a buyer of a vehicle equipped with an illegal defeat device has the right to be compensated by the manufacturer of automobiles. European law protects the private interests of the individual purchaser when a motor vehicle violates emissions rules by using such devices. The purchase of a vehicle creates a link between the manufacturer and the buyer, and its purpose is to ensure the vehicle complies with EU law.

From this point, member states will define and apply criteria for the amount of compensation. At the court’s request, EU countries must ensure the buyer’s right to compensation and must avoid creating obstacles or unreasonable barriers to obtaining it.

Who can claim?

The specifics will be defined by the Spanish state as it shapes the conditions and method for calculating the compensation. The ECJ decision states that any buyer of a vehicle with an emissions management system can seek compensation from the manufacturer if it is proven that the purchase suffered harm. The court also emphasizes avoiding unjust enrichment of beneficiaries. A buyer may pursue compensation whether or not they still own the vehicle. [Citation: ECJ ABAD decision].

This ruling changes how claims are processed. Previously, only those directly affected by a manufacturer who admitted using the system could pursue action. For example, Spanish buyers had limited recourse in German courts up until a future date. Now, under the ABAD decision, any buyer of a manipulated car will be able to file a claim under the new framework.

Affected cars

The latest CJEU ruling addressed a German citizen’s trademark dispute after purchasing a Mercedes-Benz diesel with a device that manipulated emissions. The company refused compensation after fines and recalls were issued. If the court finds that the purchase caused harm to the buyer, appropriate redress should follow. Diesel cars generally carry higher price tags than their petrol counterparts.

Many Mercedes-Benz models produced between 2016 and 2018 may fall under the scope. Specifically, Class A, Class B, Class C, Class E, Class S, the GLC, the GLE, the GLS, the Vito, and the Sprinter with diesel engines are cited. The Volkswagen Group list is longer and more complex, spanning several engine types including 1.2, 1.6, 2.0, and 3.0 liter TDI engines, and covering brands VW, Audi, Seat, Porsche, and Skoda across various production years. This is the consolidated line of affected models from the group:

volkswagen:

Golf (2009–2015 models)

Jetta (2009–2015 models)

Passat (2014–2015 models)

Beetle (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 2009 to 2015)

A5 (models 2012 to 2015)

A6 (models 2012 to 2015)

Q3 (2011–2015 models)

Q5 (2014–2016 models)

TT (2009–2014 models)

skoda:

Octavia (2009–2013 models)

Fabia (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)

Additionally, other brands have used similar devices to manipulate emissions. Vehicles such as the Jeep Grand Cherokee and Dodge Ram 1500 from roughly 2014 to 2016 are cited. It is noted that other brands including Renault with the Captur, Clio, Espace, Kadjar, Mégane and Scénic, Mitsubishi with the ASX, L200 and Outlander, showed lower NOx emissions during tests on earlier generations compared with newer ones.