Abstract
Damage, consisting of the decrease in value due to a (software) defect in a Volkswagen, occurs at the moment of purchase. This is not pure financial damage, but material damage leading to a loss of value. The place where the damage occurs is the Member State where the affected party purchased the defective
product from a third party (a car dealer). With this judgment, the Court has again solved one piece of the Article 7 point 2 jigsaw puzzle, but does this judgment fit in seamlessly?
product from a third party (a car dealer). With this judgment, the Court has again solved one piece of the Article 7 point 2 jigsaw puzzle, but does this judgment fit in seamlessly?
| Translated title of the contribution | Forum damni in case of damage due to a (software) defect in a car: ECJ 9 july 2020, C-343/19, ECLI:EU:C:2020:534 (VKI/VW) |
|---|---|
| Original language | Dutch |
| Pages (from-to) | 443-446 |
| Number of pages | 4 |
| Journal | Nederlands Internationaal Privaatrecht |
| Volume | 36 |
| Issue number | 3 |
| Publication status | Published - 15-Oct-2020 |
Court cases
| Title | Het forum damni bij schade door sjoemelsoftware |
|---|---|
| Court | Hof van Justitie Europese Unie |
| Date of judgement | 02/07/2020 |
| ECLI ID | ECLI:EU:C:2020:534 |