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Dieselgate and Eurolegalism. How a scandal fosters the Americanization of European law

Katharina van Elten (Ruhr Universität Bochum) & Britta Rehder (Ruhr Universität Bochum)

Following revelations that Germany’s largest car manufacturer had manipulated emission readings in its diesel cars, the German government’s decision to deny European owners of affected vehicles financial compensation had an arguably unforeseen and certainly unintended effect on both the German and European legal systems. In their article “Dieselgate and Eurolegalism. How a scandal fosters the Americanization of European law” published in the Journal of European Public Policy, Katharina van Elten and Britta Rehder show how the German government’s decision spurred a transnational coalition of consumer organizations and law firms to take to the courts and challenge an unfavourable political decision through legal means. Historically uncommon in a European context, such litigation strategies appeared at odds with Germany’s traditional corporatist government-industry connections but were welcomed by the European Commission. Katharina and Britta trace a process that unfolded in the wake of the emissions scandal in Germany and ultimately concluded with a strengthening of collective litigation rights at the European level, most importantly through the ‘New Deal for Consumers’ Directive, which established a European collective redress mechanism. Katharina and Britta conclude that in “what seems to be the most important implication of the affair over emissions manipulation in diesel cars, class-action-style-models making it easier to pursue collective redress in civil courts have become a reality, not only in Germany but also at a European level.”