Judgment of the Court of Justice
On December 17, the European Court of Justice ruled that the fraudulent (“cheating”) software installed by Volkswagen in cars belonging to the Volkswagen Group is prohibited and in violation of European laws and regulations.
The decision of the European Court of Justice follows in response to so called prejudicial questions put by a French judge as part of a criminal investigation against Volkswagen. The Court of Justice rejected Volkswagen’s defence that the software is necessary to protect the engine. The Court in doing so, largely followed the advice of Advocate General Sharpston who outlined in her earlier Opinion, that the definition of the term ‘defeat device’ must be interpreted broadly, and that there are only limited possibilities for successfully invoking the exceptions provided for by law.
This important judgment of the Court of Justice, binding for all Member States of Europe, establishes at the highest level, that the use of fraudulent software is illegal. This decision provides further ammunition for the cases that the Foundation has brought against Volkswagen when it comes to establishing liability and enforcing damages.
Read the press release of the Court of Justice
Read the full judgment (in French) of the Court of Justice
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