BRUSSELS, March 21 (EUROPA PRESS) –
The Court of Justice of the European Union (CJEU) has ruled this Tuesday that customers deceived by buying a vehicle with a modified engine to simulate fewer polluting emissions than the real ones – a scandal known as ‘dieselgate’-_ have the right to be compensated by the car manufacturer.
The European Justice thus responds to a preliminary ruling question raised by a German Court regarding the claim for damages that an individual filed against the Mercedes-Benz group and the possibilities of compensation or limited compensation.
The European High Court points out that the defrauded buyer has the right to be compensated by the automobile manufacturer if the illegal device has caused damage to the buyer because EU Law also defends the particular interests of the individual customer and not only regulates the approval of engines and nitrogen oxide (NOx) emission limits.
In this sense, the ruling considers that the framework directive on the approval of automobile engines establishes a link between the manufacturer and the buyer because the former must provide a mandatory certificate of conformity at the time of purchase that certifies, among other things, that the vehicle complies with all EU standards at the time of its manufacture.
This certificate, adds the ruling, allows the buyer to be protected against non-compliance by the manufacturer and guarantees that he is acquiring a vehicle that complies with Community legislation.
From this, the Court based in Luxembourg concludes that in addition to protecting the general interests regarding pollutant emissions from vehicles in the EU, the engine standard also protects the private interests of the buyer against a producer who equips the vehicle with a device forbidden.
Thus, Member States are obliged to provide that the buyer of the vehicle enjoys a right to be compensated by the manufacturer of the vehicle.
