Private international law in the face of the diesel engine emissions scandal

Abstract

The following pages analyze the issues of private international law that have emerged from tort claims against automobile manufacturers in the ‘dieselgate’ scandal. This matter continues to be at the forefront of legal discourse following the European Court of Justice’s affirmation that the soft­ware utilized by Volkswagen and other carmakers was unlawful, facilitating the filing of new lawsuits. Both for the purposes of international jurisdiction and applicable law, it can be considered that the dama­ge occurs in the place where the vehicle is purchased or where it is delivered to the buyer, if this does not coincide with the place of contract celebration. In collective actions, it would be advisable to establish a more appropriate criterion that avoids the fragmentation of international jurisdiction and applicable law.