The Court of Justice of the European Union (CJEU) decided this Friday that car manufacturers such as VW remain responsible for the use of fraudulent devices, such as temperature-sensitive emission ‘softwares’, even if the vehicles comply with EU regulations, which does not guarantee the legality of the technology.
The case in the EU’s highest court arose from two German lawsuits involving VW diesel vehicles equipped with manipulated devices, either during production or through subsequent software updates.
The Court’s decision confirms that compensation to customers may be reduced based on the use of the vehicle or limited to 15% of the purchase price, but must still adequately reflect the damage caused.
According to “Reuters”, VW has not yet responded to a request for comment regarding the decision now made by the Court of Justice of the European Union.
It should be noted that manipulating devices are tools or ‘softwares’ that alter vehicle emissions, which in recent years have generated legal disputes over whether manufacturers improperly use them to conceal true pollution levels. Car manufacturers argue that these devices are only activated at certain temperatures to protect the engine and comply with the law.
The most well-known of the cases is the ‘Diselgate‘, discovered in 2015, which proved that VW concealed excessive levels of toxic emissions from diesel engines.
