In an important ruling for the defence of consumer interests, the Lisbon Court of Appeal declared on 11-07-2024 that the Portuguese courts are competent to judge the popular action opting out of the Dieselgate Case, concerning Mercedes-Benz vehicles affected by emissions manipulation devices, sold in Portugal, to consumers residing in Portugal, as this is where the damage suffered by consumers materialises.
The decision does not agree with Mercedes-Benz, which wanted the case not to be judged in Portugal, thus preventing the affected consumers from being duly compensated, taking advantage of the fact that in Germany there is no class action law like there is in Portugal, which allows all affected consumers to be protected.
The Lisbon Court of Appeal thus follows the judgement of the Court of Justice of the European Union in case C-343/18, clarifying that this judgement is also applicable to opt-out class actions.
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