The car manufacturer Opel continues to face legal consequences in the context of the diesel emissions scandal. The Frankfurt public prosecutor’s office is now targeting specific people on suspicion of exhaust gas manipulation. In addition, numerous Opel models are subject to an official recall. The reason for this: Inadmissible disconnection devices are to be removed with a software update.
For Opel, too, the air in the diesel scandal seems to be getting thinner and thinner. The automaker continues to face legal consequences after the diesel emissions scandal. After the raid two years ago, the Frankfurt public prosecutor’s office investigated the exhaust gas scandal at Opel for a long time against unknown persons. Now she has specific people in her sights on suspicion of exhaust gas manipulation. According to a media report, the public prosecutor did not want to say who it is and whether the accused still work at Opel.
“It is now known that Opel vehicles are affected by manipulation software. The Federal Motor Transport Authority (KBA) has also discovered exhaust gas cleaning systems at Opel that the KBA believes are not permitted. According to ADAC, around 96,000 vehicles worldwide are affected by the manipulation, and most recently there was an official recall. The reason for this: An inadmissible disconnection device is to be removed with a software update, ”commented the Mönchengladbach lawyer Dr. Gerrit W. Hartung from the Dr. Hartung Rechtsanwaltsgesellschaft mbH (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.
The background: On November 7, 2019, the 5th Senate of the Schleswig-Holstein Higher Administrative Court confirmed Opel’s obligation that diesel vehicles must be recalled immediately in order to convert the software to control the defeat devices (Az. 5 MB 3/19). The models affected are Opel Zafira 1.6 and 2.0 CDTi, Opel Cascada 2.0 CDTi and Opel Insignia 2.0 CDTi from 2012 to 2016.
The problem should not be underestimated for affected consumers. In the event of a mandatory recall to remove “inadmissible shutdown devices in the emission control system”, there is a threat of an operating ban if the update is not carried out. “Consumers are currently receiving mail from Opel and are asked to have the update carried out in an Opel workshop. If you refuse, you will receive a letter from the Road Traffic Office in which participation in the recall campaign is officially ordered. Anyone who does not comply with this order is threatened with the immediate decommissioning of the vehicle, ”emphasizes lawyer Dr. Gerrit W. Hartung.
The lawyer points out that Opel drivers shouldn’t let the update calm them down. “Many software updates in the diesel scandal at other manufacturers did not really fix the problem of the manipulated exhaust gas values, but led to negative changes in driving behavior and consumption. Consumers should therefore take the path of fraud liability suit according to § 826 BGB in order to return the car and receive compensation. The courts judge very consumer-friendly, so that the chances for injured consumers are very good to be financially compensated in the Opel diesel scandal. “
Photo: Dr. Hartung Rechtsanwaltsgesellschaft mbH / Dr. Hartung Rechtsanwaltsgesellschaft mbH
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