a)

that there was an unavoidable error as regards the wrongful nature of the act on the part of the manufacturer?

if the answer is yes:

b)

that the error as regards the wrongful nature of the act was unavoidable for the manufacturer because the authority responsible for EC type-approvals or for subsequent measures actually authorised the installed defeat device?

if the answer is yes:

c)

that the error as regards the wrongful nature of the act was unavoidable for the manufacturer since the vehicle manufacturer’s legal interpretation of Article 5(2) of Regulation (EC) No 715/2007 would have been confirmed by the authority responsible for EC type-approvals or for subsequent measures (hypothetical approval)?

a)

the purchaser of the vehicle must allow the offsetting of the benefits derived from the use of the vehicle against the amount of compensation in their claim for ‘minor compensation’, if the benefits derived from the use, together with the residual value, exceed the purchase price paid less the amount of compensation?

b)

the vehicle purchaser’s claim for ‘minor compensation’ is limited to a maximum of 15 % of the purchase price paid?