Dieselgate e danni ambientali: una prospettiva europea

The paper analyzes the Dieselgate saga, which came out in 2015, not strictly from an tort law perspective, but also from an environmental law point of view, by examining its legal dimensions within the European Union, focusing on regulatory failures, gaps in environmental enforcement, and the limited judicial remedies available to affected individuals. It critiques the European Court of Justice’s restrictive stance on individual claims for environmental harm, particularly by highlighting an important judgment such as the JP v Ministre de la Transition écologique, where the Court stated that European directives setting standards for environmental air quality are not, as such, intended to give individuals rights whose violation may entitle them to compensation. Drawing on scientific studies that link manipulated diesel emissions to serious health impacts, and linking the Dieselgate saga with the EU Court of Justice case-law, the paper argues for enhanced legal protections and more robust enforcement mechanisms, trying to ensure accountability from both corporations and Member States under EU law.