Dieselgate 2.0 and no end for Volkswagen AG: more and more regional courts are ruling against the car manufacturer and confirming consumers who have suffered damage that by buying a vehicle with the Euro 6 diesel engine EA288 – the successor to the Euro 5 diesel engine EA189 – they are doing economic damage and that Volkswagen AG has made itself liable in accordance with Section 826 of the German Civil Code (BGB) for deliberate, immoral damage. The most recent judgment relates to a VW Sharan that the buyer bought used in August 2017 at a price of 24,777 euros with a mileage of 26,980 kilometers (via a car loan with a down payment of 6000 euros). The District Court of Offenburg (judgment of July 29, 2020, Az .: 3 O 39/20) awarded the plaintiff 21,671.66 euros plus interest of five percent since March 12, 2020. The injured consumer has thus received almost the full purchase price back. In addition, Volkswagen AG has to bear 79 percent of the costs of the legal dispute.
“The court ruled the injured consumer right, although the VW Sharan at issue has not yet been officially recalled by the Federal Motor Transport Authority. Nevertheless, the court ruled that the plaintiff acquired a vehicle that did not meet his expectations. This caused him damage The vehicle manufactured by the defendant is equipped with prohibited deactivation devices. The built-in software recognizes whether the vehicle is in normal traffic and makes changes to the pollutant emissions on the dynamometer. This prohibited deactivation device leads to considerable disadvantages for the customer who does not ultimately bears the risk of an official shutdown “, says the Mönchengladbach lawyer Dr. Gerrit W. Hartung from the Dr. Hartung Rechtsanwaltsgesellschaft mbH (www.hartung-rechtsanwaelte.de (http://www.hartung-rechtsanwaelte.de/)). The law firm deals exclusively with investor and consumer protection issues and specializes in advising those affected by the emissions scandal. Dr. Gerrit W. Hartung is considered a “diesel lawyer” from the very beginning.
Lawyer dr. With reference to the decision of the Offenburg Regional Court, Gerrit W. Hartung emphasizes that the harmful attitude in bringing the illegal motor or the associated software onto the market is causal for the sending damage. “This can also be transferred to other cases with the VW scandalous engine EA288 with the Euro 6 emissions standard, so that busy consumers have ever greater chances of receiving damages from Dieselgate 2.0 for deliberate immoral damage. The individual legal action is the most promising.”
The lawyer refers to the last judgments in VW Dieselgate 2.0. Recently the district court of Hagen (judgment of 11.08.2020, Az .: 3 O 134/19) sentenced Volkswagen AG to take back a VW T6 (“Bulli”) with the scandalous engine EA288 and to pay damages. The aggrieved consumer bought the car again in 2015 and has now received 39,853.04 euros plus interest of four percent per year since May 13, 2020. The costs of the legal dispute are borne by the defendant, who has been convicted of willful immoral harm. The Darmstadt Regional Court sentenced Volkswagen AG to take back a Seat Leon ST 1.6 TDI, to pay damages, to release the injured consumer from extrajudicial legal fees and to pay all court costs (judgment of 09/21/2020, Az .: 1 O 89/20 ). An Audi A3 2.0 TDI was the subject of dispute before the Oldenburg regional court. Here too, Volkswagen AG has to take back the car, pay damages and all court costs and release the plaintiff from the extrajudicial legal fees (judgment of October 6, 2020, case number: 1 O 939/20).
“With the current VW Dieselgate 2.0 we are talking about many more millions of vehicles. VW engines with the code EA288 with the EURO 6 emissions standard can be found in numerous series of all brands of the Volkswagen Group. 1.6 TDI or 2.0 TDI have been installed across the board since 2015. The damage runs into the billions and can overshadow the dimensions that we know from the first scandalous engine, the EA189, “says lawyer Dr. Gerrit W. Hartung. The Dr. Hartung Rechtsanwaltsgesellschaft mbH has set up a special website for the new EA288 topic and lists all models from Audi, VW, Seat and Skoda that are affected by the VW EA288 emissions scandal. The list is freely accessible at www.hartung-rechtsanwaelte.de/vw-dieselskandal-ea288 (http://www.hartung-rechtsanwaelte.de/vw-dieselskandal-ea288).
Incidentally, at the start of Dieselgate 2.0, the Regional Court of Regensburg assessed the cycle detection in the EA288 as immoral damage (judgment of February 6, 2020, Az .: 73 O 1181/19). The plaintiff was awarded damages of 9,149 euros plus interest for his VW Golf 7. A compensation for use was deducted. With the cycle detection, a vehicle recognizes when it is driving a certain driving cycle on a roller dynamometer and the engine control switches to a correspondingly low-emission map. As a result, the EU emissions guidelines are met in a test situation, but not on the road.
Press contact:
Dr. Hartung Rechtsanwaltsgesellschaft mbH
Dr. Gerrit W. Hartung
Humboldtstrasse 63
41061 Mönchengladbach
Telephone: 02161 68456-0
Email: [email protected]
Internet: www.hartung-rechtsanwaelte.de
Original content by: Dr. Hartung Rechtsanwaltsgesellschaft mbH, transmitted by news aktuell
Original message: https://www.presseportal.de/pm/135256/4752983
– .
