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In 2025, the Court of Justice of the European Union (CJEU) issued a landmark decision in the diesel emissions scandal that is highly relevant for hundreds of thousands of vehicle owners – including drivers of BMW diesel models.
The case focused on whether car manufacturers can be held liable for using so-called “thermal windows” and other defeat devices. These systems reduce or deactivate emission control mechanisms under certain temperature or operating conditions.
The CJEU made it clear: such defeat devices are generally unlawful. Consumers are entitled to claim damages – even if the vehicle had an official type approval or has already been resold.
This ruling significantly strengthens buyers’ rights and removes key legal defenses previously relied upon by automotive manufacturers.
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Key Takeaways for Consumers
- Compensation claims are possible
- Applies to used vehicles as well
- Type approval does not shield manufacturers from liability
- Compensation typically ranges between 5–15% of the purchase price
- The ruling applies across the European Union
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