Lawyers bringing claims forward for 150,000 drivers say that this ruling concretes their vehicle claim in relation to defeat devices affected by NOx emissions.
Logistics of the Legal Ruling
The Grand Chamber of the European Court of Justice stated the software that de-activates emissions control systems outside a specific temperature range. Apart from limited circumstances, a thermal window can’t be justified on the grounds of covering the engine from harm.
Due to the emissions control only being switched off as the outside temperature fell under 10 degrees C, the control is turned on for most of the year, which VW argued.
The Court stated ‘software in diesel vehicles which reduces the effectiveness of the emissions control system at a normal temperature during most of the year constitutes a prohibited defeat device.’
The Grand Chamber of the European Court of Justice stated the software that de-activates emissions control systems outside a specific temperature range. Apart from limited circumstances, a thermal window can’t be justified on the grounds of covering the engine from harm.
Due to the emissions control only switched off as the outside temperature fell under 10 degrees C, the control is turned on for most of the year, which VW argued.
The Court put ‘ Software in diesel vehicles which reduces the effectiveness of the emissions control system at a normal temperature during most of the year constitutes a prohibited defeat device.’
Leigh Day
Leigh Day brings claims for more than 150,000 drivers who believe their cars are affected by defeat devices that result in the release of copious amounts of N0x emissions and recently confirmed a £193m out-of-court settlement in the Group Litigation for VW N0x emissions.
40,000 Mercedes drivers who claim to have bought diesel vehicles mi-sold to them, founded on the basis of low emissions that actually scored higher operating in real road driving conditions. Leigh Day brings claims against other VW vehicles, Volvo, Porsche, Peugeot, Vauxhall, Nissan/Renault, Mini, Ford, Jaguar Land Rover, BMW, and Audi.
The Origins of the Case Pattern
This week a class action lawsuit began against Mercedes Benz in Germany alleging that the manufacturer manipulated diesel emissions tests by installing defeat devices. The case involves nearly 50,000 GLC and GLK models.
A class action lawsuit brought against Mercedes Benz based in Germany started, claiming that the carmaker maneuvered emission tests by fitting cheat devices. This particular case involved almost 50,000 GLK and GLC models.
How this affects ongoing diesel emissions cases
‘Both the European Court and the UK Courts have previously found that VW operated cycle-detection type defeat devices in their vehicles.
‘Other manufacturers have tried to distance themselves from the diesel gate scandal by trying to say that their vehicles are different and that thermal windows are acceptable.
‘Today’s judgment is the first time the European Court has explicitly stated that thermal windows are defeat devices and that they cannot be justified except in very limited circumstances.
‘The judgment strengthens our clients’ claims since it is clear that the manufacturers’ attempts to distinguish their vehicles from those at the heart of the Dieselgate revelations have fallen flat, and that they will have to account for installing unlawful defeat devices in their vehicles to their customers,’
