Is the Federal Court of Justice following the ECJ in the emissions scandal? The diesel cases will be heard on May 8

The day of truth in the diesel emissions scandal is approaching for the auto industry and consumers. On May 8, 2023, the Federal Court of Justice (BGH) will hear three diesel cases. The court also discussed the decision of the European Court of Justice (ECJ) of March 21, 2023. In general, the ECJ had significantly reduced the restrictions of the successful diesel cases in the Mercedes case. In the ECJ’s view, even negligence is sufficient to enforce a claim for damages in the diesel emissions scandal (Reference: C-100/21)

BGH has been insisting for three years that there must be a deliberate and immoral action which is difficult to prove. Will the emissions scandal start again on May 8, 2023? Does the BGH take the manufacturer’s side or does it recognize European law? From the point of view of the law firm Dr. Stoll & Sauer have no choice but to follow ECJ rulings. The likelihood of consumers being compensated for damages has greatly increased. Dr. Stoll & Sauer therefore advises those affected to seek free legal advice check online. The law firm is one of the leaders in the emissions scandal. More information about developments at the ECJ is available on our dedicated website.

BGH discusses three diesel cases on May 8, 2023

On May 8, three diesel cases are scheduled before the Federal Court of Justice. One of them is a case brought by a man who owns a VW Passat with an EA288 diesel engine. Although the car was not officially recalled, independent emissions tests found that cars with the EA288 engine produced unacceptably high levels of pollution in normal operation. Therefore the plaintiff demands payment from Volkswagen (Ref.: Via ZR 335/21) The EA288 is VW’s diesel successor to the EA189. The EA189 caused a diesel emissions scandal in the fall of 2015. On May 20, 2020, the BGH ordered VW to pay compensation for intentional damage and immorality.

In addition to this procedure, two more sessions were scheduled for May 8 with short notice. One of the lawsuits is about the case of an Audi owner who bought his SQ5 after the car’s tampering was already known to the public (Reference: THROUGH ZR 533/21) Audi Allroad 3.0 TDI has an engine from the EA 896Gen2BiT series.

In the third case, the judges will consider whether the owner of a Mercedes-Benz C-Class with an OM651 diesel engine deserves damages (Reference: THROUGH ZR 1031/22) All three plaintiffs would like to void their purchase and financing contracts and be treated as if they had never purchased the vehicle in question. The so-called heated windows are said to be in three engines as a shutdown device, which the ECJ ruled illegal.

What does the ECJ rule in the emissions scandal?

The ECJ case concerned the Mercedes 220 CDI, where a heated window was used to clean the exhaust gas. A heated window reduces exhaust gas cleaning at cold temperatures, which causes an increase in nitrogen oxide emissions. The maximum emission levels set by law cannot be met. The car is not worth the money. The buyer therefore asserted a claim for damages. The Ravensburg district court referred the case to the ECJ for a preliminary ruling. The ECJ considers the compensation claim valid because Mercedes acted negligently. According to the court, the corresponding European legislation also protects consumers. From the point of view of the diesel scandal lawyers, it will be very easy to successfully sue for damages against the car manufacturers after this consumer-friendly judgment by the ECJ. Not only have the chances of success increased, more diesel drivers also have the right to sue. Why is that?

1. A heated window is an illegal fail-safe devicewhich ensures that exhaust gas cleaning works on the test bench, but pollutes the environment in normal traffic and endangers people’s health.
2. Even the negligent act of the car manufacturers when installing the failure devices can be enough to enforce a claim for damages. A judgment of damages in the diesel exhaust gas scandal is possible according to various BGH judgments if unethical and intentional actions can be proven (BGB §826). However, it is difficult to prove intentional action because no one has insight into the decision-making structures of automakers, making it difficult for plaintiffs.
3. In the context of the VW judgment, the Federal Court of Justice decided on the so-called residual damage (BGB §852) is confirmed. This means that new car buyers are entitled to compensation for up to ten years after purchase.
4. Since the temperature window was installed on almost all diesel engines, users can each manufacturer damage claims from diesel vehicles, including VW, Mercedes, Audi, Toyota, Renault, Opel, Fiat, Jeep, BMW, Lancia, Skoda, Seat and Peugeot.
5. Motorists should be careful: The emissions scandal of Fiat Chrysler Automobiles (FCA), which now operates under the name Stellantis, will gain new momentum thanks to the ECJ decision. Many procedures have been suspended by the German courts pending the decision of the ECJ. The FCA’s decision to pay compensation would not be a surprise after the ECJ’s decision.

A friendly development in the diesel emissions scandal

More recently when the administrative court in Schleswig invalidated the scandalous VW EA189 engine software update on February 20, 2023 and declared it illegal, it was clear that the diesel emissions scandal had to be reopened. (Reference: 3 A 113/18). Because the update is a thermal window that controls the purification of the exhaust gas according to the outside temperature – that is, it turns it off.

And the Administrative Court of Schleswig also made it clear that the registration authority has to ensure that the vehicles must be returned in a legal state. Translated, this means that cancellation or withdrawal of type approval is possible. So consumers should act fast and file a case against the manufacturer of their diesel car. A heated window is installed on almost all models.

In addition to these consumer-friendly developments in court, there are also Bosch papers published by the Deutsche Umwelthilfe (DUH). The documents clearly show that all manufacturers have ordered the failed components from car suppliers to avoid legal emissions standards. Bosch has informed manufacturers that the failed devices do not comply with regulations. The bottom line is that the car industry has been selling unlicensed cars for 16 years. The cars are not worth their money. Consumers are entitled to compensation. There is more about Bosch Papers on our dedicated website.

Conclusion: Consumers affected by the diesel emissions scam must go through The results and effects of the production scandal and great loss of money fight: scare you driving ban, turn off and depreciation, unless they claim the claim in court in a timely manner. Customers should have one individual action raise Based on current case law, the chances are pretty good. I am free check online the right way to diesel scam can be found. We investigate your specific case and provide you with an initial assessment before agreeing on a collective action against the car manufacturer.

Dr. Stoll & Sauer is one of the leading law firms

In the office of Dr. Stoll & Sauer Rechtsanwaltsgesellschaft mbH is one of Germany’s leading law firms. With the expertise of more than 30 lawyers and specialized lawyers, the law firm is available to clients in all important legal areas in Lahr, Stuttgart, Kenzingen and Ettenheim. The law firm specializes, among other things, in banking and capital market law as well as emissions scandal. In addition, there are topics of work, IT, insurance, transport, social, work, traffic and administrative law. Those shareholders Dr. Ralf Stoll and Ralph Sauer brought a class action against Volkswagen AG and negotiated a settlement of 830 million for 260,000 consumers. The owners of the specialized company are currently running a model case against Mercedes-Benz Group AG.