The place of harmful event in “dieselgate” claims: recent jurisprudence of the CJEU

Abstract

The CJEU has already ruled twice on the determination of the place where the harmful event occurs in civil liability claims brought against manufacturers by purchasers of vehicles affected by the ‘dieselgate’. CJEU Judgment C-343/19 in the VKI case established that in such cases, legal action can be taken before the court of the place of vehicle acquisition. The more recent Judgment C-81/23 in the FCA Italy case further complements the former, indicating that if the place of conclusion of the contract and the place of vehicle delivery do not coincide, the damage is considered to have occurred at the latter. These two judgments make it easier for victims to litigate before their own courts, working well in individual claims. However, the solutions provided by the Court of Justice are ill-suited for collective claims filed by consumer associations, which are crucial in cases of mass damages like this.