European Court confirms again: diesel car owners have a right to compensation
The court of Justice of the European Union has published a landmark decision regarding Dieselgate (case 100/21) on 21.03.2023:
The Member States are required to provide that the purchaser of a vehicle with an illegal defeat device has a right to compensation from the manufacturer of that vehicle.
According to this ECJ case law, car owners are entitled to compensation even in the case of mere negligence on the part of the manufacturer.
It is therefore sufficient if a car manufacturer has negligently installed an illegal defeat device in the car.
The German Federal Court of Justice had previously taken a different view. It required the buyer to prove that the damage was intentional and immoral.
Many buyers were unable to meet this very high hurdle due to a lack of information about the internal processes of car manufacturers.
It will therefore be easier for buyers of manipulated cars to claim damages in the future!
This decision should also be read in conjunction with the recent case law of the ECJ and the Administrative Court of Schleswig Holstein. According to these rulings, so-called thermal windows are also illegal emissions control devices.
More on this decision can be found here: