Compensations are triggered for those who have bought a polluting car
Who bought a diesel car with a system that alters polluting emissions is entitled to compensation by the manufacturer, if it has suffered damage due to that system. It establishes it Court of Justice of the EU, in a judgment relating to the case of a German consumer That sued Mercedes-Benz for damages, for having sold him a car equipped with a “defeat device” , i thermal windows. A decision that risks turning into an abyss for the Stuttgart house.
According to German motorist QB, Mercedes allegedly caused him damage, equipping the diesel car with software that reduces the recirculation rate of the exhaust gases when the outside temperatures go below a certain threshold. The manipulated system leads to an increase in nitrogen oxide emissions, which is prohibited by the 2007 regulation on the approval of motor vehicles. According to EU law, vehicles must in fact be subject to aCE approvalwhich can only be granted if the vehicle type complies with the provisions of the 2007 regulation, in particular those relating to emissions.
In its ruling, the Court clarifies as a preliminary point that it is up to the German judge to carry out the necessary assessments to establish whether the programming software should be classified as handling facility under the EU regulation and whether its use can be justified on the basis of one of the exceptions that the aforementioned regulation provides.
The manufacturer must issue the certificate of conformity
Furthermore, the Court points out that, according to the Framework Directive, vehicle manufacturers are required to issue the individual purchaser with a certificate of conformity. This document, mandatory among other things for the purpose of putting a vehicle into circulation, certifies that the latter complies with all the regulatory acts at the time of its production.
Therefore, the certificate of conformity allows you to protect the individual buyer of a vehicle against the manufacturer’s failure to comply with his obligation to place on the market vehicles which comply with the regulation. These considerations lead the Court to conclude that ‘the framework directive establishes a direct link between the car manufacturer and the individual purchaser of a motor vehicle aimed at guaranteeing the latter that the vehicle complies with the relevant EU legislation.
In the present case, the Court of the Land, Ravensburg, will have to verify whether the attribution of the benefit deriving from the effective use of the vehicle by the appellant guarantees the same adequate compensation for damages which he actually suffered following the installation, in his vehicle, of a device prohibited by EU law.
Risk of compensation around the corner
This case (separate from the Dieselgatewhich erupted in September 2015 and destabilized the entire automotive sector), could pave the way for a «wave of lawsuits » by motorists, the German law firm said Goldenstein who claims to represent Frmore than 50,000 applicants in these cases of anti-pollution systems.
In Germany, cases relating to “thermal windows” have so far been dismissed by the New Supreme Court, on the grounds that the manufacturer could not have caused any intentional damage, but at most negligence. The decision “greatly simplifies the application of claims for damages,” the law firm said.
“Many millions of people across Europe will benefit from the ruling.”, he added. Mercedes-Benz, the manufacturer involved in the lawsuit, said in a statement that “it remains to be seen” how the national courts will interpret the sentence of the EU Court. The German group added that its diesel vehicles that have been recalled and have received the appropriate software updates “may be used without restrictions”.