Many diesel cars in Europe emit excessive amounts of nitrogen oxide. This is the conclusion of an overarching assessment of testing and research in recent years, conducted by the American NGO International Council on Clean Transportation (ICCT).
The assessment comes after the Court of Justice of the European Union clarified the definition of a prohibited defeat device, opening the door to suspicion that many more vehicles have such a device on board.
According to the study, at least 77 percent of diesel car tests in Europe found suspicious levels of nitrogen emissions, “indicating the likely use of a prohibited defeat device”.
Extreme emissions
Of 1,400 tests conducted in controlled environments under government supervision, 85 percent of tests on Euro 5 vehicles and 77 percent of tests on Euro 6 vehicles exceeded the suspect emissions threshold, the ICCT said. In government tests conducted in real-world conditions, the percentages were about the same.
Extreme nitrous oxide emissions were found in 40 percent of the tests, “indicating that a prohibited defeat device is almost certainly present.”
In some recent rulings, the EU court clarified the definition of such an instrument. Its use is limited to “only when there is an imminent risk of harm”.
Right to compensation
In a judgment on Tuesday, the Court ruled that anyone who has purchased a vehicle equipped with prohibited defeat device software is entitled to compensation from the car manufacturer if he or she has suffered damage as a result. According to the Court, vehicle manufacturers are obliged to issue a certificate of conformity to the buyer. This document gives the buyer assurance that the vehicle complied with all regulations at the time of manufacture. It therefore offers the buyer protection against a manufacturer who does not fulfill his obligation.
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