It’s news that automakers are once again pleased with, especially those that haven’t yet gotten over their run-ins with the law over Dieselgate.

Indeed, manufacturers are now under threat anti-pollution engine compensation claims criticized by European justice.

Owners of diesel cars fitted with unauthorized software known as a “thermal window” can claim damages from the manufacturers, the Court of Justice of the European Union has ruled.

At the same time, the Court noted that “the owner of a vehicle equipped with such a device is entitled to compensation from the vehicle manufacturer if said device has caused damage to that purchaser.”

What is a “thermal window”?

But what is this device actually used for? It is used to control the cleaning of exhaust gases of diesel models depending on the external temperature. The nitrogen oxides (NOx) filtration system is reduced or turned off when the temperature is too low and exceeds a certain altitude. In their defense, manufacturers have always said that this system was “it is necessary to protect the engine”.

For environmental organizations, this is software “a bypass system designed to make pollutant emissions appear lower under test conditions than they are in real traffic”.

Technically, this system is different from the device that led to Dieselgate in 2015. But the problem is similar in the sense that, according to justice, there is deception.

Remember that during the “Dieselgate” scandal, Volkswagen admitted that it had tampered with 11 million cars so that the level of nitrogen oxide emissions in them was lower than it actually was. Several manufacturers and equipment manufacturers have since come under the spotlight in many countries, including France.

A device of wide application

The “thermal window” system is widely used by car manufacturers. The decision of the Court of Justice of the European Union may pave the way for a “a wave of lawsuits” motorists, the German legal firm Goldenstein, specializing in consumer law, reported on Tuesday. One office represents more than 50,000 plaintiffs in these emissions control cases.

At the moment in Germany, appeals concerning “thermal windows” have been rejected by the highest court. According to her, this device could not be an intentional damage by the manufacturer, but at most negligence.

Mercedes-Benz, which is involved in the case, said that ” remains to be seen » how national courts will interpret decisions of European courts. The German automaker clarified that its diesel cars have been recalled and received the appropriate software updates. can be used without restrictions“.