Análisis de la respuesta jurisdiccional al Dieselgate: especial referencia a las Conclusiones del Abogado General y a la STJUE de 21 de marzo de 2023 en el caso C-100/21

This paper analyses the jurisdictional response to the Dieselgate case in Spain and the decisions of the Court of Justice of the European Union . The issue in Spain has been brought before the courts using all of the actions available under the legal system: action for radical nullity; action for nullity of the contract due to breach of mandatory rules; action for nullity of the contract due to invalidating error of consent; action for nullity due to fraud; action for
termination of contract (art. 1.124 CC) and action for compensation for damages (art. 1.101 and 1.124 CC). However, in spite of the wide range of actions available to individuals, the subject matter has been the subject of non-pecuniary losses. This variety of legal regimes through which Volkswagen’s liability can be resolved has also reached the CJEU, which has so far only ruled in the CJEU in the CJEU of 14 July 2022, dealing with the case from the point of view of the regulation of non-conformity and its remedies. In March 2023, the decision CJEU in case C-100/21 was published, in which the Court ruled on the compatibility between national law and EU law with regard to the right to damages and the method of calculation thereof. This paper analyses the conclusions of the Advocate General and the CJEU in case C- 100/21.