Emmanuel Thomas I Monday, June 26, 2023
BERLIN – German car buyers who purchased diesel vehicles with emissions-altering devices will have a much easier time pursuing financial compensation from car markers under a new ruling on Monday from Germany’s Federal Court of Justice.
Diesel vehicle owners who sued carmakers Audi, Volkswagen and Mercedes-Benz had initially sought to return their vehicles for a full refund.
The court rejected that demand. German courts had previously ruled that vehicle owners could only claim compensation if carmakers had acted deliberately to deceive consumers, as Volkswagen had done with devices meant to detect whether a vehicle was being tested by regulators.
A ruling by the European Court of Justice (ECJ) in March, however, forced German courts to reconsider claims relating to thermal windows. Motorists are now entitled to compensation if they bought a vehicle with thermal window technology built into the engine without their knowledge.
Car manufacturers have pointed out that the function serves to protect the engine. Critics, however, contend that thermal windows serve to deceive consumers about the actual emission of pollutants.
Thermal windows, which alter exhaust systems so that more pollutants are emitted in colder weather, are widespread on diesel vehicles.
Tens of thousands of cases are pending in the German courts. Monday’s ruling could open the door to lawsuits against other manufacturers.
