DIESELGATE IN PORTUGAL: IUS OMNIBUS ACTION AGAINST DAIMLER-MERCEDES BENZ MOVES FORWARD TO TRIAL
If Ius wins, all affected vehicles will have to be repaired and their owners compensated for the estimated amount of, at least, €4,200
Ius Omnibus defeated Daimler-Mercedes-Benz across the board in the court’s preliminary order (despacho saneador) dated from July 13, which has been now disclosed. This is an import win, as the action is now ready to move forward to the hearing stage.
The Judicial Court of the Lisbon District confirmed the admissibility of the popular action and the procedural legitimacy of Ius, and rejected all the procedural arguments used by the cars’ manufacturer to try and avoid that the action moves forward to the hearing stage, as explained by the Association’s Secretary-General, Daniela Antão.
She further stressed that the position adopted by the Lisbon’s court is heavily backed up by the EU Court of Justice case-law.
In the USA, Canada, and Australia, dieselgate has resulted in the compensation of millions of damaged buyers. In Europe, the outlook on compensation of injured parties is dismaying.
If Ius wins the action, Daimler-Mercedes-Benz will have to repair the vehicles and pay compensations estimated in a minimum amount of €4,200 for affected vehicle.
It should be recalled that the dispute, as the court has already defined it, is aimed at determining whether the Defendants installed and maintained in certain Mercedes-Benz light diesel vehicles (Euro 5 and Euro 6, up until Euro 6c) registered in Portugal, Manipulative Devices that conceal a level of NOx emissions beyond the legal limits and whether, through this practice, they have caused damages to the environment, public health and the interests of the affected vehicles’ consumers, being liable to remedy the situation at issue and compensating those consumers for the damage they suffered.
Ius, therefore, calls on all the affected consumers to follow the progress of the action via its website www.iusomnibus.eu, and to claim their rights in the action, or by means of registration in the Association, which has no costs whatsoever nor any related obligations.