Photo: ADAC
Not that long ago, Volkswagen had settled its EA 189 Dieselgate trial in England and Wales. The settlement in question will mean that owners of the affected vehicles will get compensation from the manufacturer.
Now, in an unrelated case, an advisor to the top court of the European Union told media representatives his opinion that owners of vehicles that were equipped with emissions defeat devices should have a right to compensation.
It is worth noting that the opinion in question was a personal remark, not a point of view of the institution where the advisor is currently employed in. Regardless of the advisor's opinion, judges of the European Union's Court of Justice are not bound by advice from their advocates general.
In other words, it will be up to a judge to decide if the owner of a vehicle that is found to have defeat devices installed from the factory is eligible for compensation from the manufacturer.
The issue was first raised after a person bought a used Mercedes-Benz C 220 CDI that did not operate its exhaust gas recirculation system when the engine was cold.
The reduced or even temporarily shut off recirculation that happened in colder outside temperatures meant that the vehicle produced increased nitrogen oxide emissions, even though it was homologated for use on European public roads.
The first ruling of the court in Regensburg, which requested clarification from the European Union's Court of Justice on the matter of potential compensation to the owner, was that the way that the systems were shut off or restricted constituted a defeat device.
Several vehicle manufacturers have been accused of deploying defeat devices in their diesel-engined vehicles after tests were done to see if they complied with the emissions norms they were homologated with, as well as if they did not exceed the specifications.
As it was found at the time, many vehicles did comply with the norms, but did have devices that restricted or shut off their emissions control systems for engine protection purposes.
According to Automotive News (sub. req.), Mercedes-Benz representatives underlined the fact that the opinion was not binding and said that they will wait and see how the court would rule on the matter.
Usually, vehicle owners reach the position where they are eligible for compensation when they file a class-action lawsuit against the manufacturer. Mind you, the process takes time, and it might not always end in favor of the plaintiff.
It is worth noting that the opinion in question was a personal remark, not a point of view of the institution where the advisor is currently employed in. Regardless of the advisor's opinion, judges of the European Union's Court of Justice are not bound by advice from their advocates general.
In other words, it will be up to a judge to decide if the owner of a vehicle that is found to have defeat devices installed from the factory is eligible for compensation from the manufacturer.
The issue was first raised after a person bought a used Mercedes-Benz C 220 CDI that did not operate its exhaust gas recirculation system when the engine was cold.
The reduced or even temporarily shut off recirculation that happened in colder outside temperatures meant that the vehicle produced increased nitrogen oxide emissions, even though it was homologated for use on European public roads.
The first ruling of the court in Regensburg, which requested clarification from the European Union's Court of Justice on the matter of potential compensation to the owner, was that the way that the systems were shut off or restricted constituted a defeat device.
Several vehicle manufacturers have been accused of deploying defeat devices in their diesel-engined vehicles after tests were done to see if they complied with the emissions norms they were homologated with, as well as if they did not exceed the specifications.
As it was found at the time, many vehicles did comply with the norms, but did have devices that restricted or shut off their emissions control systems for engine protection purposes.
According to Automotive News (sub. req.), Mercedes-Benz representatives underlined the fact that the opinion was not binding and said that they will wait and see how the court would rule on the matter.
Usually, vehicle owners reach the position where they are eligible for compensation when they file a class-action lawsuit against the manufacturer. Mind you, the process takes time, and it might not always end in favor of the plaintiff.
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