The buyer of a VW T6 can return his “Bulli” in the exhaust gas scandal and receives the purchase price back minus a compensation for use for the kilometers driven. This was decided by the Hagen Regional Court with its judgment of August 11, 2020 (Az .: 3 O 134/19). The court came to the conclusion that VW had used an impermissible cut-off device in the form of a thermal window for the exhaust gas recirculation in the T6.
The plaintiff had acquired the T6 as a new vehicle in October 2015. The EA 288 diesel engine, the successor to the EA 189, made famous by the emissions scandal, is installed in the “Bulli”. The Federal Motor Transport Authority (KBA) ordered a mandatory recall for the model in April 2019. As a justification, the authority stated that a conformity deviation would lead to the Euro 6 limit value for nitrogen oxides being exceeded.
Even if there was no official talk of an inadmissible defeat device, the plaintiff asserted claims for damages. He complained that the exhaust gas treatment was only carried out in a temperature range between 20 and 30 degrees and in test mode without any complaints. In addition, software is used in the engine that recognizes whether the vehicle is in the test cycle. If this is the case, a higher amount of urea will be injected in order to reduce nitrogen oxide emissions.
The lawsuit was successful. VW had brought a vehicle with a manipulated engine control software into circulation and thus deceived the plaintiff. He was therefore entitled to compensation, decided the LG Hagen.
A thermal window is used for exhaust gas recirculation (EGR). This ensures that the EGR is undisputedly reduced or completely switched off at outside temperatures below 15 and above 42 degrees, the court stated. If the EGR is reduced significantly at such temperatures, the shutdown device is in almost continuous operation in view of an average annual temperature of, for example, 9.4 degrees in Hagen. There could be no question of an exception. In addition, defeat devices are only permitted as an exception if they are necessary to protect the engine from direct damage. According to the court, this is not the case here.
It is also irrelevant whether the KBA considers the use of a thermal window to be permissible. Because the question of admissibility is a question of law that has to be decided by the courts, continued the LG Hagen. Therefore a recall of the KBA for the inadmissibility of a defeat device does not matter.
The plaintiff was deceived and suffered damage as soon as the purchase contract was concluded. The purchase contract is therefore to be reversed.
“The consumer-friendly judgments for the VW T6 and in general for vehicles with the EA 288 engine are increasing. The chances of compensation for the injured buyer increase, ”says lawyer Andreas Schwering. The lawyer experienced in the emissions scandal has fought for damages for the buyer of a VW T6 before the Munich Regional Court (Az .: 3 O 4218/20).
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