An EU court adviser says car owners with damaged devices are entitled to compensation
An adviser to the European Union’s highest court has ruled that car owners equipped with exhaust devices are entitled to compensation from car manufacturers.
This opinion is related to the lawsuit filed by the buyer of the used Mercedes C220 CDI against Mercedes-Benz. When the car is used in cold temperatures, the gas recirculation system is reduced and nitrogen oxide emissions are increased. A court in Regensburg, Germany, “temporarily determined” that this was an illegal means of defeat. Automatic news reports.
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EU Attorney General Afanasios Rantos has asked the court to protect the interests of the individual buyer of the car. Rantos also suggested that EU law require member states to ensure that the buyer of a vehicle is entitled to compensation from the car manufacturer.
In the Regensburg case, Rantos said it would be up to the regional court to determine to what extent the actual use of the vehicle would be equated with the purchase price of the vehicle. He added that it was up to EU member states to determine the rules on how to calculate compensation correctly, and that compensation should be “proportional to the damage or loss incurred”.
According to German lawyer Klaus Goldenstein, such a decision may be taken into account when making such a claim due to the negligence of companies. Goldenstein represents 42,500 clients interested in litigation.
Mercedes-Benz said it was unclear what the court would decide on the case, adding that the adviser’s opinion was not binding.