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High Court rules most alleged emissions-cheating devices not proven

The ruling followed a ten-week trial over claims by about 1.6 million motorists that diesel vehicles contained prohibited defeat devices, including an exception for some Mercedes and Peugeot-Citroen cases.

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A High Court judge ruled that vehicles from several major automakers did not contain most of the alleged emissions-cheating devices, in a case brought by motorists over diesel emissions testing. BBC Business reports that more than a dozen manufacturers were sued by around 1.6 million motorists, with the trial centered on 20 sample vehicles from five companies: Mercedes-Benz, Renault, Nissan, Ford, and Peugeot and Citroen. The ten-week trial ended in March and was followed by a 369-page ruling issued by Lady Justice Cockerill.

According to the ruling, most of the strategies at issue did not qualify as prohibited defeat devices, with exceptions including one in Mercedes cars that was removed in 2015 and another used in some Peugeot-Citroen vehicles. The judge said not every calibration or emissions-control strategy amounted to a defeat device, explaining that a defeat device requires an intention to cause the emissions control system to operate differently when the vehicle detects it is being tested.

The outlet reports that Mercedes welcomed the ruling but said it disagreed with the finding that one of its four sample vehicles was not compliant prior to a software update. The carmaker said it is considering available options, including a potential appeal, while motorists’ legal teams said the litigation is ongoing.

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