Jurysdykcja krajowa w sprawie roszczeń deliktowych z tytułu afery dieselgate w świetle dotychczasowego orzecznictwa TSUE: uwagi na tle wyroku TSUE w sprawie C-343/19 VKI v. Volkswagen oraz postanowienia Sądu Najwyższego z dnia 12 maja 2022 r., II CSK
Jurisdiction in Tort Claims Related to dieselgate in Light of the Existing Case Law of CJEU: Comments on the Basis of the Judgment in C-343/19 VKI v. VW and the Decision of the Polish Supreme Court of 12 May 2022, II CSKP 1506/22

Summary/Abstract: The article discusses the judgment of the Court of Justice of the European Union(CJEU) in case C-343/19 VKI v. VW and the decision of the Polish Supreme Court of12 May 2022, both connected with the infamous “dieselgate”. The cases concerned claimsof the owners of Volkswagen cars equipped with the “defeat devices” that manipulatedthe emissions tests. The question decided by both courts was whether claimants mayenforce their tort claims for damages against the manufacturer in the Member Stateswhere the cars where acquired. CJEU found that they do and the Polish Supreme Courtfollowed suit.The article analyses both cases against the background of existing case law of theEuropean Court under Article 7(2) of the Brussels I bis Regulation. According to thewell-established case law of the Court, the place of harmful event is to be understoodboth as the place where the event leading to damage is located, as well as the place wherethe damage occurred. Regarding the place of damage, the author takes the view that itoccurs not in the state where the car is acquired — as found by CJEU — but where it isregistered and used. This in itself should not, however, suffice to establish the jurisdictionof the court at the place of damage. In each case (and not only when the damage is purelyfinancial) the court must confirm under the individual circumstances of the case thatthis place is suitable as the forum for resolving the dispute. Among these circumstancesthe most important is that of the foreseeability for the defendant that because of his orher actions, he or she can be sued at the given forum. This possibility to foresee shouldbe established on the basis of defendant’s actions undertaken in the forum. In caseswhere a defective product is the source of liability (such as in VKI v. VW) these are inparticular: marketing products in that state or directing advertising activities thereto.The paper also compares European solutions with those adopted in US. The authorargues that the CJEU should be more bold in looking into an American standard thatrequires “some act by which the defendant purposefully avails itself of the privilege ofconducting activities within the forum State, thus invoking the benefits and protectionsof its laws” and thus protect the defendant from being sued in a place of damage that isloosely connected with the case.

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