As reported last week, Volkswagen prevented a decision by the European Court of Justice (ECJ) by paying the plaintiffs.

There were allegations of judicial deception: VW settled all cases pending before supreme courts by paying the demanded amounts plus interest, thereby preventing clarification of fundamental European legal questions.

As a result, the plaintiffs’ lawyers had to continue all their hundreds of cases.

According to attorney Benedikt Wallner, the Feldkirch Regional Court promptly reacted and began referring the cases itself to the ECJ.

In its decision dated December 22, 2025, the court stated that VW’s acknowledgment in the mentioned cases prevented clarification of whether the entire emission control system in the EA288 diesel engine qualifies as a prohibited defeat device, or whether any such installation already constitutes a prohibited defeat device.

The court also considered whether compliance with EU regulation limits in the New European Driving Cycle (NEDC) or in real driving conditions is decisive, and to what extent a thermal window in EURO 6 diesel engines is to be regarded as state of the art.

Therefore, the court is entitled to refer these questions to the ECJ for clarification pursuant to Article 267 TFEU.

Wallner concludes that the plan to prevent an ECJ decision will not succeed for the time being and considers it unwise to give the impression of attempting to obstruct the judiciary.

Source