2023-03-22 07:00:00
The European Court of Justice (ECJ) has decided, the Abmahnvereine rejoice: A new judgment seems to pave the way for extensive new lawsuits once morest car manufacturers. The owner of a used Mercedes C 220 CDI had complained regarding an allegedly inadmissible switch-off device; at certain temperatures, it shuts down exhaust gas cleaning, among other things to protect the engine from damage.
According to the judgment that has now been passed, simple negligence under German paragraph 823 BGB, which regulates claims for damages, is sufficient in the case of inadmissible switch-off devices; Intention does not have to be proven. In addition, the individual customer has a personal claim for damages. The Ravensburg District Court, which had submitted the case to the ECJ, is now dealing with the interpretation.
The success of such lawsuits is not yet guaranteed by the ECJ ruling. Whether and to what extent switch-off devices are permissible is a matter of debate; knowing the technical difficulties with diesel engines, legislators once deliberately avoided precise regulation. In addition, it may be difficult to quantify the actual damage – especially if the vehicles in question are in high demand on the used car market.
Mercedes-Benz reacted correspondingly calmly: The manufacturer points out that vehicles that have a software update installed during a recall can continue to be used permanently and without restrictions. “It remains to be seen how national courts will apply the decision of the ECJ in relation to national law,” says Stuttgart-Untertürkheim. And an independent expert who has dealt intensively with the subject from a technical and legal point of view describes the judgment as “not critical”. (aum(jm)
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