European Union member states will need to independently determine if compensation is applicable in individual cases
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by Brad Anderson
4 hours ago
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by Brad Anderson
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The European Court of Justice (ECJ) says Mercedes-Benz needs to pay compensation to owners of vehicles with alleged diesel emissions defeat devices if the buyer suffers damages.
While German courts still need to determine if the software used can be considered a defeat device and whether its use is justified, if the device is found to be illegal then Mercedes must provide compensation to buyers of a vehicle that has suffered damages after their purchase.
The issue was first brought to the courts by the owner of a used Mercedes-Benz model. The owner asserted it had an exhaust gas recirculation system that operated within a certain temperature range and then reduced recirculation in lower temperatures. This triggered an increase in nitrogen oxide emissions.
Germany’s federal court initially rejected the plaintiff’s claim to damages and said that Mercedes-Benz could only be charged if it was determined that the damage was intentional. However, Auto News notes that an advisor to the ECJ has since confirmed that owners of vehicles with diesel defeat devices are entitled to compensation in cases of intention and negligence.
European Union member states will need to independently determine if compensation is applicable in individual cases.
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“The ECJ has clearly stated that only the damage actually caused to a buyer is relevant,” Mercedes-Benz said to Autocar when asked for a response to the court’s decision. “In addition, there must be an unlawful defeat device, which is disputed in the present case.”
The German car manufacturer added that it remains to be seen how national courts will apply the ECJ’s decision to federal law. It also added that subject vehicles were recalled and received a software update.
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