Benedict Schreiber
Lawyer
March 21.03.2023, 100 already represents a milestone in the exhaust gas scandal: With its trend-setting and long-awaited decision, Az. C-21/XNUMX, the ECJ creates the best conditions for compensation options and claims for damages by cheated diesel drivers.
What did the ECJ decide?
The landmark judgment of the ECJ clarifies two elementary – and hitherto heavily disputed – key points in the diesel scandal:
On the one hand, the ECJ confirmed the view – which our law firm had long advocated in the diesel scandal – that the so-called “thermo window”, a temperature-controlled shutdown device, is also a legal issue impermissible defeat device acts.
On the other hand, the ECJ decided - contrary to the previous case law of the BGH - that car manufacturers also because of more negligent Violation of legal provisions could be used for liability. Up to now, the respective car manufacturers had to prove the use of an illegal defeat device and its functionality by the suing consumer. And much more, namely that the car manufacturers acted intentionally and fraudulently during installation. The hurdles were correspondingly high.
With its judgment, the ECJ now overturns these requirements and makes it practically sufficient that there is only a violation of European approval regulations, for example through the installation of the - now also by the highest court - impermissible thermal window. And it is precisely this installation of a thermal window that numerous car manufacturers have already admitted in court proceedings indisputable but considered that – up to now – to be permissible. A fatal misjudgment for the car manufacturers, as the ECJ is now showing.
What effects does the verdict have?
Since the ECJ's most recent judgment has significantly lowered the requirements for potentially successful claims for damages for millions of consumers, massive effects can be expected on current and future claims in the diesel scandal before the German courts. Because the national courts decide on the specific claims for damages and above all their amount. However, these in turn are based in principle on the interpretation of the law by the ECJ and the BGH. And the BGH will also have to comment on the present judgment of the ECJ and possibly change its national case law - a first date is scheduled for the beginning of May.
What can I do?
One thing is certain: For many car manufacturers, the air in the diesel scandal is once again getting thinner, while the chances of compensation for damages for buyers of diesel vehicles are almost never good.
Therefore, as a person affected by the emissions scandal, let our lawyers advise and accompany you and take your chance for compensation in the diesel scandal now!
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