The Court of Justice of the European Union (CJEU) has recognized that customers deceived in the “dieselgate” have the right to be compensated by the car manufacturer. These people thought they were buying cars with fewer polluting emissions than they really were, but the cars were tampered with and did not comply with the standard.

An individual filed a claim for damages against Mercedes-Benz before a German court, which asked the CJEU whether the claimant is entitled to claim compensation and, if so, how the amount should be calculated.

The European High Court points out that the defrauded buyer has the right to be compensated by the car manufacturer if the illegal device has caused damage to the buyer, because EU Law defends the particular interests of the individual customer, and not only regulates the approval of engines and the emission limits of nitrogen oxides (NOx).

In this sense, the ruling considers that the framework directive on the approval of automobile engines establishes a link between the manufacturer and the buyer: the former must provide at the time of purchase a mandatory certificate of conformity that certifies, among other things, that the vehicle meets all standards. This certificate helps protect the buyer against non-compliance by the manufacturer and guarantees that they are purchasing a legal vehicle.

From this, the Luxembourg-based Court concludes that the motor rule also protects the private interests of the buyer against a producer equipping the vehicle with a prohibited defeat device.

Thus, Member States are obliged to provide that the buyer of the vehicle enjoys a right to be compensated by the manufacturer of the vehicle.

Source: Eitb

Alia

Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.