Summary:
Original Link:
Original Article:
Case C-283/25, Stellantis Europe: Request for a preliminary ruling from the Landgericht Ravensburg (Germany) lodged on 11 April 2025 – NM, FY, GU, IS, OQ v Stellantis Europe S.p.A.
Language of the case: German
Referring court
Landgericht Ravensburg
Parties to the main proceedings
Applicants: NM, FY, GU, IS, OQ
Defendant: Stellantis Europe S.p.A.
Questions referred
1. Can the vehicle purchaser’s right to compensation against the vehicle manufacturer for the negligent placing on the market of a vehicle equipped with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007 be refused on the grounds (a) that there was an unavoidable error on the part of the manufacturer as regards the wrongful nature of the act?
– If the answer is yes: (b) that the error as regards the wrongful nature of the act was unavoidable for the manufacturer because the authority responsible for EC type approvals or for subsequent measures actually authorised the installed defeat device?
– If the answer is yes: (c) that the error as regards the wrongful nature of the act was unavoidable for the manufacturer since the vehicle manufacturer’s legal interpretation of Article 5(2) of Regulation (EC) No 715/2007 would have been confirmed by the authority responsible for EC type approvals or for subsequent measures (hypothetical approval)?
2. Is it compatible with EU law if, in the case of a right to compensation against the vehicle manufacturer for the negligent placing on the market of a vehicle equipped with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007 –
– (a) the purchaser of the vehicle must allow the benefits derived from the use of the vehicle to be offset against the amount of compensation in his or her claim for minor compensation, where the benefits derived from the use, together with the residual value, exceed the purchase price paid less the amount of compensation?
– (b) the vehicle purchaser’s claim for minor compensation is limited to a maximum of 15% of the purchase price paid?
– (c) a software update offered subsequently by the manufacturer is required to be taken into account in the claim for minor compensation, in so far as it significantly reduces the risk of any limitation of operation?
Reference: Regulation of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ 2007 L 171, p. 1).