In the event of damage to the engine of a refueling vehicle with watered down fuel, it is not enough to prove the presence of water in the filters and in the replaced injectors but, in order to obtain compensation for damages from the owner of the distributor, the presence in the tank. This is what the ordinance number 5029 of February 16, 2022, issued by the second civil section of the Court of Cassation provides.
In disseminating the full text of the ruling on the web and commenting on its effects, the experts of the periodical Seac All-In Juridical clarify: “The Supreme Court reiterates that if it is true that it is up to the seller to prove that he has fulfilled well, it is equally doubtful that the ‘non-fulfillment (which in this case is represented by the failure caused by the refueling) must be proved by the buyer and that the cause-effect principle must be proved. indispensable for the purpose of accepting the request for compensation “.
In the case in question, the judge of first instance had rejected the request for damages by a Calabrian motorist who had had to repair his vehicle following a refueling of diesel containing water. The decision was confirmed by the Court of Appeal of Catanzaro “due to the lack of proof of the causal link”, considering in fact that “the failure could also be attributable to a slow process of accumulation of water in the diesel filter, resulting from various refuellings until reaching intolerable proportions, such as to damage the organs of fuel distribution and causing the damage claimed by the appellant “.