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VW can face diesel-cheating suits where cars are bought, EU court rules

July 9, 2020
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BRUSSELS — EU consumers should be able to sue Volkswagen Group in their national courts if they have bought cars with emissions cheating devices installed, the Court of Justice of the European Union ruled Thursday.

The verdict by the EU’s top court raises the possibility that the automaker could face legal complaints from consumers across the 27-member bloc.

The case came to the EU court after an Austrian court handling a claim by the Austrian consumer association VKI on behalf of 574 owners of manipulated vehicles had sought to establish if it had jurisdiction on the matter.

The Court of Justice said that under EU law court applicants should, in principle, sue where the defendant is domiciled.

However, in cases of tort there was also the possibility of taking action in the place where damage had occurred.

The EU court said that the damage occurred only at the time when the vehicles were purchased as they were acquired at a price higher than their actual value.

The VKI wants compensation for the difference between the price consumers paid for vehicles, and the value of a manipulated vehicle.

VW did not immediately respond to a request for comment.

The automaker admitted in 2015 to using illegal software to cheat U.S. diesel engine tests, a scandal that has cost it more than $30 billion in vehicle refits, fines and provisions.

Nearly all U.S. owners of affected cars agreed to take part in a $25 billion settlement in 2016 in the United States.

The automaker is in talks in Germany to settle a class action lawsuit there.

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