C-666/23CM and DS v Volkswagen AG

Domstolens egne nøkkelord

Reference for a preliminary ruling – Approximation of laws – Approval of motor vehicles – Directive 2007/46/EC – Article 18(1) – Article 26(1) – Article 46 – Regulation (EC) No 715/2007 – Article 5(2) – Motor vehicles – Diesel engine – Pollutant emissions – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Defeat device – Protection of the interests of an individual purchaser of a vehicle equipped with an unlawful defeat device – Installation of that device after the vehicle’s entry into service – Right to compensation from the vehicle manufacturer on the basis of tortious liability – Ground for exemption – Unavoidable error on the part of the manufacturer as regards the unlawfulness of the defeat device – Principle of effectiveness – Adequate compensation for the loss or damage – Method of calculating compensation – Compensation bracket.

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