Karlsruhe
More chances for lawsuits from diesel drivers: Federal Court of Justice changes guidelines
The European Court of Justice (ECJ) has so far followed a much more buyer-friendly line than the Federal Court of Justice (BGH). Today the BGH had to follow suit
© Uli Deck / DPA
The Federal Court of Justice has significantly lowered the hurdles for claims for damages by diesel buyers in Germany. The court in Karlsruhe ruled that car manufacturers must also pay if they acted negligently.
Thousands of diesel plaintiffs now have more prospects for compensation. The Federal Court of Justice (BGH) in Karlsruhe ruled on Monday that car buyers whose diesel vehicle has an illegal defeat device such as the so-called thermal window installed are entitled to compensation – if the car manufacturer acted negligently. Thermal windows control exhaust emissions depending on the outside temperature.
So far, from the point of view of the BGH, a thermal window was not a cheat software deliberately and consciously installed by the manufacturers to deceive the actual pollutant emissions – and therefore no reason for damages.
The Federal Court of Justice had to make adjustments
A ruling by the European Court of Justice (ECJ) in March of this year forced the Diesel Senate to rethink. Motorists can now be entitled to financial compensation if they bought a car with a thermal window built into the engine without their knowledge. Car owners had sued Audi, Mercedes-Benz and Volkswagen.
Thermal windows can be found in millions of diesel cars and cover different temperature ranges in which they throttle the recirculation of the exhaust gases or even switch them off completely. The Federal Motor Transport Authority (KBA) had approved the technology. Car manufacturers have also always pointed out that these functionalities serve to protect the engine. Critics saw this as a deception of the consumer about the actual emission of pollutants.