Emissions Scandal: Devastating Ruling by the ECJ
The ECJ ruling on the diesel emissions scandal has caused a sensation: the use of the so-called "thermal window" in diesel cars was declared illegal. Up to 10 million owners of diesel cars are affected by the ruling. What impact will it have on other manufacturers such as Mercedes-Benz?
In a ruling on the so-called diesel emissions scandal, the European Court of Justice (ECJ) has ruled that defeat devices in diesel passenger cars are illegal if they are used to reduce exhaust gas purification under normal operating conditions. The ruling refers in particular to the "thermal window", a technology that was used by many car manufacturers to switch off the exhaust gas purification at lower temperatures.
The ECJ ruling clarifies that the thermal window constitutes an illegal defeat device that increases the pollutant emissions of diesel vehicles and thus violates EU law. Manufacturers must therefore ensure that their vehicles comply with the applicable emission limits even under normal operating conditions. The ruling could have an impact on other diesel vehicles that use similar defeat devices.
Also on the diesel vehicles of Mercedes-Benz. The manufacturer has also used the thermal window in some models and may now be held liable for its use. However, it is unclear how the German courts will react to the ECJ ruling and whether there will be claims for damages against Mercedes-Benz. The Federal Supreme Court (BGH) will deal with this issue on 8 May and will discuss the "possible consequences for German liability law".
In Germany, environmental zones are particularly affected. These zones are areas in which vehicles are only allowed to drive if they comply with certain emission standards. They are intended to improve air quality and protect the health of the population. The ECJ ruling could lead to the zones being extended or to more vehicles being affected by the restrictions. After all, nearly 10 million diesel cars are on the road with illegal thermal windows and illegally emit more emissions than permitted.
Overall, the ECJ ruling is an important step in the fight against the diesel emissions scandal. It shows that manufacturers can be held liable for their violations of the applicable emission standards and that consumers' rights are protected. At the same time, the ruling highlights the need for stricter emission standards and better regulation of the automotive industry to protect the environment and public health.