The exhaust gas values of the successor engine of the EA189 were also manipulated
New round in the diesel scandal: after the VW EA189 engine gained dubious fame due to built-in illegal defeat devices, it is now Successor EA288, with which VW has also been making negative headlines for some time: The exhaust gas values of the EA288 engine are also manipulated in such a way that they correspond to the prescribed values on the test bench, but are too high in road traffic.
Here, too, many experts speak of one immoral and willful harm the customer and therefore a claim for damages. Affected vehicles in which the EA288 engine is installed are models from VW, Skoda, Audi and Seat.
Judgment of the Cologne Higher Regional Court: inadmissible defeat device in the EA288
After numerous regional courts had already confirmed exhaust gas manipulation at the EA288 through illegal shutdown devices and accordingly sentenced VW to pay damages to the injured customers, the Cologne Higher Regional Court decided in February (file number 19 U 151/20): VW deliberately deceived its customers by installing a manipulated engine control software and thus immorally damaged. VW is accordingly obliged to pay damages.
The judgment was a so-called default judgment: VW’s lawyers did not show up for the trial. One can only speculate about the reason for this. But that it was an “accidental” one can be ruled out with certainty. Therefore, it looks rather as if VW would rather avoid a judicial investigation of the facts.
Nevertheless, the Cologne Higher Regional Court attached importance to addressing the facts in the grounds of the judgment. It also considered manipulation of the EA288 engine to be proven, especially since VW did not put forward any opposing arguments.
The ruling thus increases the chances of success for damaged customers in a dispute over compensation. A judgment on the emissions scandal is also imminent at the Düsseldorf Higher Regional Court. The Higher Regional Court of Düsseldorf already made people sit up and take notice with a provisional decision (file number 23 U 159/20), according to which, from § 826 BGB, liability could arise due to immoral and deliberate damage to the customers concerned.
Inadmissible disconnection device also with the EA288? Internal VW document contains information
The “application guideline” plays a special role. The contents of the internal document of the car manufacturer for the EA288 clearly show that a cut-off device was also installed in this model in order to manipulate the results of the standard NEDC emissions test. VW claims that this defeat device is legal because it serves to protect the engine. But the European Court of Justice rejected this argument because exhaust gas cleaning should not be permanently switched off for this reason.
The “application guideline” had already been cited in several legal disputes before regional courts. Now the Higher Regional Court of Düsseldorf is also relying on this document and, with a corresponding judgment as the second higher regional court, could set an example in favor of consumers or customers and again increase the chances of the injured vehicle owners to receive compensation.
VW continues to fend off allegations, but customers have a good chance of winning compensation
VW is also causing a stir with a media campaign on the Internet, according to which lawsuits about the EA288 engine are not worthwhile, as customers mostly lose the court proceedings and do not receive any compensation. Affected vehicle owners should be unsettled in this way so as not to take legal action in the first place. But the numerous decisions of the regional courts and the judgment of the Cologne Higher Regional Court show: contrary to the claims of the car manufacturer, the chances of customers to enforce justified claims in court are extremely good, they are even increasing. A clear trend reversal can be seen: the courts meanwhile decide in the majority of cases in favor of the customers. The claim that vehicle owners or customers almost always fail with their claims for damages and lose the proceedings is therefore simply wrong with regard to the EA288.
Free initial consultation – have your claims for damages checked now
Our law firm specializes in claims for damages and has already been able to successfully support numerous customers damaged by the emissions scandal in enforcing their claims for damages. We are happy to help you to get your rights – use the opportunity of our free initial consultation to clarify your chances of success and the further legal procedure. We are happy to assist you with words and deeds!
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