EU Court Lowers Hurdles for Diesel Car Owners

The European Court of Justice expanded the right to compensation for the owners of diesel cars equipped with unlawful defeat devices, in a ruling on Tuesday.

The judgement relates to the case of a Germany-based owner of a Mercedes vehicle fitted with a so-called temperature window.

This device decreases the exhaust gas recirculation rate when outside temperatures are low, leading to an increase in nitrogen oxide emissions.

The rulings extend the right of owners of other cars equipped with inadmissible exhaust technology to claim compensation if the device has caused them damages.

So far car owners have only been entitled to compensation if manufacturers have intentionally deceived buyers, as it is the case with Volkswagen’s EA189 engine, which was at the centre of the so-called “Dieselgate” scandal.

Manufacturers could face a new wave of compensation claims following the ECJ ruling, although the full implications are not yet clear.