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Abschalteinrichtung in Dieselfahrzeugen: Schlussanträge des Generalanwalts am EU-Gerichtshof in den verbundenen Rechtssachen C‑251/23 und C‑308/23 Mercedes-Benz Group
21 November 2024
Donnerstag, 21. November 2024
Schlussanträge des Generalanwalts am Gerichtshof in den verbundenen Rechtssachen C‑251/23 und C‑308/23 Mercedes-Benz Group (Haftung der Hersteller von Fahrzeugen)
Abschalteinrichtung in Dieselfahrzeugen
Zwei Erwerber von Mercedes-Dieselfahrzeugen verlangen vor dem Landgericht Duisburg Schadensersatz von der Mercedes-Benz Group AG als Herstellerin der Fahrzeuge. Sie machen geltend, dass in den Fahrzeugen verbotene Abschalteinrichtungen verbaut seien.
Das Landgericht verweist u.a. auf das EuGH-Urteil Mercedes-Benz Group (Haftung der Hersteller von Fahrzeugen mit Abschalteinrichtungen) vom 21. März 2023, wonach der Käufer eines Kraftfahrzeugs mit einer unzulässigen Abschalteinrichtung gegen den Fahrzeughersteller einen Anspruch auf Schadensersatz hat, wenn ihm durch diese Abschalteinrichtung ein Schaden entstanden ist (C‑100/21, siehe Pressemitteilung Nr. 51/23).
Das Landgericht möchte vom EuGH wissen, ob ein Dieselfahrzeug, für das die Euro‑5‑Norm gilt, EU-Recht widerspricht, wenn der Motor in warmem Zustand selbst im Prüflauf nach dem NEFZ mehr als 180 mg Stickoxide pro Kilometer ausstößt. Außerdem bittet es den EuGH um Präzisierung, wann eine unzulässige Abschalteinrichtung vorliegt, und um Klärung, wie die Beweislast zu verteilen ist.
Das Landgericht verweist ferner auf drei Urteile des Bundesgerichtshofs (BGH) vom 26. Juni 2023, in denen der BGH im Anschluss an das vorgenannte EuGH-Urteil vom 21. März 2023 entschieden hat, unter welchen Voraussetzungen Käufer von Dieselfahrzeugen den Ersatz eines Differenzschadens vom Fahrzeughersteller verlangen können (siehe dazu BGH-Pressemitteilung Nr. 100/2023).
Das Landgericht möchte vom EuGH wissen, ob es mit EU-Recht vereinbar ist, dass der Käufer (außer bei vorsätzlicher, sittenwidriger Schädigung) den Wagen behalten muss und lediglich den Betrag erstattet verlangen kann, um den er den Wagen angesichts der mit der unzulässigen Abschalteinrichtung verbundenen Risiken zu teuer erworben hat. Ferner möchte es wissen, ob dieser Anspruch auf höchstens 15 % des Kaufpreises beschränkt werden darf.
Generalanwalt Rantos legt heute seine Schlussanträge vor.
Weitere Informationen C-251/23
Weitere Informationen C-308/23
Details
- Date:
- 21 November 2024
- Event Categories:
- EU General Court, EVENT, IEU AGENDA
- Event Tags:
- C‑251/23, C‑308/23, Mercedes-Benz Group
Venue
- EU General Court
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- (00352) 43 03-1
- View Venue Website
Organizer
- EU General Court
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