The Court of Justice of the European Union points out that the defrauded buyer is entitled to compensation from the car manufacturer if the illegal device has caused damage to the buyer.
The Court of Justice of the European Union (CJEU) has recognized this customers cheated in the “dieselgate” are entitled to compensation from the car manufacturer. These people thought they were buying cars with less polluting emissions than they actually were, but the cars were tampered with and did not meet the standard.
A private individual has filed a claim for damages against Mercedes-Benz before a German court, which has asked the CJEU whether the plaintiff is entitled to damages and, if so, how the amount should be calculated.
The European Supreme Court points out that the defrauded buyer is entitled to compensation from the car manufacturer if the illegal device has caused damage to the buyer, because EU law defends the special interests of the individual customer and not only the approval of engines and the emission limits of nitrogen oxides (NOx).
In this sense, the judgment considers that the framework directive on the approval of car engines creates a link between the manufacturer and the buyer: the former must present a mandatory certificate of conformity at the time of purchase, which confirms, among other things, that the vehicle meets all the standards. This certificate helps protect the buyer from manufacturer non-compliance and guarantees that they are purchasing a legal vehicle.
From this, the Luxembourg court concludes that the motor rule also protects the buyer’s private interests against a manufacturer equipping the vehicle with a prohibited defeat device.
Member States are thus obliged to provide that the purchaser of the vehicle has the right to compensation from the vehicle manufacturer.
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Source: EITB
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
