ECJ gives little encouragement to driver • Table.Briefings

Due to bleak prospects in court, legal protection insurers are now refusing to finance lawsuits by diesel drivers for damages due to a „thermal window.“ The ECJ has now confirmed in principle that environmental organizations such as DUH also have the right to sue but has given little hope of success in the matter.

The chances of diesel drivers receiving compensation from manufacturers because of a „thermal window“ have once again been significantly reduced following another ruling by the European Court of Justice (ECJ). With their decision (case number C-873/19), the Luxembourg judges remain in line with a ruling from July 14 of this year. According to this ruling, the defeat device could be „permissible by way of exception“ if it is proven that it is necessary to prevent risks during operation and avoid engine damage. The issue in both cases was whether a thermal window constitutes an impermissible defeat device for exhaust gas recirculation under all circumstances.

ECJ gives little encouragement to drivers in diesel scandal

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