Top EU court rules Volkswagen software illegal, more claims possible

Technology fitted to vehicles sold in Austria made by Volkswagen "constitutes a prohibited defeat device," the European Court of Justice (ECJ) ruled on Thursday, opening the door to consumer claims in certain circumstances.

Technology "which reduces the effectiveness of the emission control system at normal temperatures during most of the year" is not permissible, an ECJ statement said.

"Since such a vehicle default is not minor," the statement added, terminating the vehicles' sales contracts is possible, referring such instances back to national courts in Austria to decide.

The ruling for the three cases - referred jointly to the top EU court by judges in Austria - centred on whether consumers were deceived by the German carmaker over the ecofriendly credentials of the cars they bought that used so-called temperature or thermal window software.

Austrian courts found that the software fitted to engines in cars made by Volkswagen had in part allowed nitrogen oxide emissions that were higher than the EU limits permit.

According to the national courts, this happened at temperatures below 15 or above 33 degrees Celsius. Reacting to the ruling, Volkswagen said this occurred at temperatures below 10 degrees Celsius.

Despite the ECJ ruling, the German carmaker insists the technology's thermal windows are in line with EU regulations and "the impact of the ruling on Volkswagen is therefore minor."

The top EU court reverts the case back to Austrian courts for a decision on how the technology applied in each instance and the consumer compensation potentially required.

The discovery of other defeat devices in 2015 led to an apology from Volkswagen and lawsuits that have already cost the company tens of billions of dollars.

Kaynak: DPA