Abgasskandal vor dem Europäischen Gerichtshof

ECJ Advocate General declares defeat devices illegal.

Now things are getting tight for car manufacturers. In her final submission to the European Court of Justice (ECJ), Advocate General Eleanor Sharpston declared defeat devices in diesel vehicles to be inadmissible; exceptions also only apply within a very narrow framework. Although this does not mean that a verdict has been made, ECJ judges usually follow the request of the Attorney General and tend to rule in a more consumer-friendly manner.

shutdown devices to manipulate the exhaust gas purification in diesel vehicles are not permitted. Following numerous German regional and higher regional courts, the Advocate General at the ECJ has now also followed this legal opinion. In her opinion (reference number C-693/18), she referred to European Regulation 715/2007. This prohibits the use of defeat devices that reduce the effectiveness of emission control systems under normal conditions of use.

Car manufacturers must ensure compliance with the limits

However, under Article 3, No. 10, the EU regulation provides for exceptions: namely when it comes to driving safety and protecting the engine from damage. Numerous car manufacturers rely on these exceptions to justify manipulating exhaust gas purification through cycle recognition or thermal windows. However, according to Eleanor Sharpston, these exceptions should be interpreted narrowly: "They only cover protecting the engine from immediate or sudden damage (and not from long-term effects such as wear and tear or loss of value)." In addition, car manufacturers must ensure that vehicles comply with the prescribed emission limits throughout their normal operation.

These questions must be clarified by the ECJ in the emissions scandal

The proceedings before the highest European court were initiated by a judge of the Tribunal de Grande Instance de Paris. In the context of proceedings against VW he referred key questions to the ECJ for clarification:

Did the car manufacturer use an illegal defeat device?
Has this led to increased NOx emissions in road traffic?
Did the car buyer suffer any damage as a result?
Under what conditions may defeat devices be activated.

9 proceedings on the emissions scandal at the ECJ

A ruling from Luxembourg is not expected for several weeks, but the opinion of the Advocate General will also have an impact on the remaining nine cases in the emissions scandal that are still pending before the ECJ. These cases concern, among other things, the legality of thermal windows at Porsche, the legal conformity of software updates and the question of whether injured consumers must pay compensation for use.

"The Attorney General in Luxembourg has answered these questions with a clear message to the automotive industry - not just to VW, but to all manufacturers. Her vote can already be seen as a preliminary decision and is likely to set the tone for many important decisions in the emissions scandal, especially that of the Federal Court of Justice on May 5. Things are now getting serious for the car manufacturers. We recommend that all victims who have not reached a settlement with VW seek legal advice now and use their opportunity to reverse the car purchase."

Partner Dr. Marco Rogert