Proposal demanded for directive on shielding workers from dangerous ionizing radiation threats, Commission tasked with submission.
Volkswagen Held Liable for Diesel Emissions Scandal in EU Court Ruling
The Court of Justice of the European Union (CJEU) has confirmed that Volkswagen can be held liable in damages claims brought by diesel car buyers due to the use of defeat devices to cheat exhaust emissions tests. The EU’s highest court delivered a clear verdict rejecting Volkswagen's attempts to avoid liability for damages suffered by consumers who purchased diesel vehicles that contained illegal defeat devices suppressing emissions during tests.
This ruling aligns with ongoing litigation developments across Europe. Parallel trials and class actions are gathering momentum, requiring car manufacturers like Volkswagen and others to disclose key documents related to the alleged use of defeat devices. For example, the High Court in the UK recently ordered several manufacturers (including Volkswagen’s competitors) to lift confidentiality blocks on documents central to emissions-cheating claims, with a major trial scheduled for October 2025.
The Dutch courts have also ruled against other manufacturers like Stellantis for using cheating software in diesel vehicles. However, the CJEU ruling specifically affirms the principle that diesel car owners have a right to pursue damages claims against Volkswagen in connection with defeat device use.
The CJEU’s ruling states that a manufacturer's liability applies both when the unauthorized defeat device was installed during the vehicle's manufacture and when it was installed later. Volkswagen argued in the proceedings that it had assumed the legality of the defeat device and that it had been approved by the Federal Motor Transport Authority. However, the CJEU ruled that an automobile manufacturer cannot escape liability for an unauthorized defeat device simply because it was approved by the competent national authority.
The CJEU did not specify the exact amount of damages in the ruling, but it did confirm that deducting the benefit derived from using the vehicle from the damages is generally compatible with EU law. The Federal Court of Justice (BGH) suggested a compensation range of 5-15% of the purchase price for diesel car buyers, without delving into the details of each case.
The European Consumer Organization BEUC welcomed the decision, with Alexandre Biard stating, "Today's ruling is another victory for European consumers in the decade-long Dieselgate affair." The CJEU’s ruling in 2023 on the diesel scandal lowered the hurdles for damages claims from affected car buyers.
In conclusion, the CJEU’s latest ruling strengthens the legal basis for Volkswagen diesel buyers across the EU to claim compensation for losses related to the "dieselgate" scandal caused by emission test defeat devices. The ruling serves as a reminder to car manufacturers of the importance of transparency and compliance with emissions regulations.
Volkswagen's liability for damages remains valid, as the Court of Justice of the European Union (CJEU) upholds the principle that car owners can pursue claims against Volkswagen due to the use of defeat devices. The use of such technology led to emission test manipulation, as confirmed in the CJEU's ruling on the diesel scandal.
