BERLIN, June 26 (Xinhua) -- The German Federal Court of Justice (BGH) ruled on Monday that owners of diesel cars with illegal emissions control devices, such as thermal windows, will now be more easily able to claim damages. The ruling follows a landmark decision on the matter by the European Court of Justice (ECJ) in March.
Thermal windows are used in diesel vehicles to shut off exhaust gas purification above certain temperatures, with some car manufacturers arguing that the technology is necessary to protect engines from damage.
In order to claim damages, car owners will no longer have to prove that manufacturers acted intentionally in installing such devices, only that an illegal device was installed, the court said.
As a result, major German carmakers Audi, Mercedes-Benz, and Volkswagen will now be required to pay damages for cars with such devices installed, as long as they cannot prove their innocence.
Under the ruling, car owners in Germany will also be entitled to a lump-sum payment to compensate for any loss in value of the car. This payment would represent 5 to 15 percent of the purchase price of the car, and would be decided by the relevant court on an individual basis.
"Plaintiffs will have the opportunity to adjust their claims in all proceedings to the extent they wish to claim differential damages under these standards," the German Federal Court of Justice said.
Ex-Audi CEO Rupert Stadler last month admitted his role in the "Dieselgate" emissions scandal that caused an international stir in 2015, and has already cost Germany's largest carmaker more than 30 billion euros (32.7 billion U.S. dollars) in compensation claims.
Stadler is expected to receive a suspended sentence of up to two years, and a fine of 1.1 million euros, for neglecting to inform business partners that cars with devices or software installed to rig emissions tests were being knowingly sold. (1 euro = 1.09 U.S. dollar)
