Diesels rigged, EU Court orders Mercedes to pay buyers compensation

Anyone who buys a diesel car with a system that changes the car’s polluting emissions to be less than its true value is entitled to compensation from the manufacturer if it has been damaged by this system. This was determined by the EU Court of Justice in a decision in the case of a German consumer who sued Mercedes-Benz for compensation for selling a car equipped with a “defeat device”, i.e. a manipulation system. emission levels.

The case arose out of an appeal filed by QB, a German national, against Mercedes-Benz Group to the Ravensburg State Court, Germany. According to QB, Mercedes-Benz Group allegedly damaged the diesel car by equipping it with software that reduces the exhaust gas recirculation rate when outside temperatures drop below a certain threshold. The disrupting device causes increased emissions of nitrogen oxides (Nox), which are prohibited by the Regulation 2007 on the approval of motor vehicles.

According to the Court, EU Member States are required to ensure that the person purchasing such a vehicle enjoys the right to compensation from the manufacturer. In the absence of provisions in EU law regulating how buyers of a vehicle equipped with a prohibited tampering device can be compensated, each Member State decides how. The Court further points out that national law cannot make it impossible or extremely difficult to obtain adequate compensation for damage done to the buyer.

Source: Today IT

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