In a decision dated April 6, 2020 (Ref.:  EWHC 783 (QB), the High Court of England and Wales found that the software used in type EA 189 engines is to be considered an illegal "defeat device" within the meaning of Art. 3 No. 10, Art. 5 (2) of Regulation (EC) No. 715/2007.
Why could a decision by a court in England and Wales also be important for German consumers?
This is due to the fact that in the foreseeable future (probably as early as the end of April 2020), the Advocate General Ms. Elenor Sharpston will deliver her opinion in one of the most important proceedings on the diesel scandal before the ECJ (Case No. C-693/18). These proceedings before the ECJ concern a reference from a French court. The reference proceedings are about whether the software used in EA 189 engines is to be considered an illegal "defeat device" within the meaning of Art. 3 No. 10, Art. 5 para. 2 of Regulation (EC) No. 715/2007.
So, in essence, this is exactly what the High Court of England and Wales has already dealt with in its decision of 06.04.2020. Advocate General Elenor Sharpston is British. In principle, the ECJ attaches great importance to the Advocate General's opinion.
It therefore remains exciting to see how the ECJ will rule in case C-693/18. One thing is clear, however: the ECJ's decision will be of paramount importance for the German courts - and thus also for consumers in Germany.