Court condemns VW in the exhaust scandal to new car exchange


Spectacular judgment in the VW exhaust scandal: A German court condemned a VW dealer to take back a diesel car because of manipulated exhaust emissions and to exchange for a new car. The judge found that it was irrelevant whether the used car had already been loaded with new software.

"The rework through the software update is unacceptable for the plaintiff," according to the verdict of the district court of Hamburg. This makes the court verdict different from others.

"When you finish the verdict, the court says that Volkswagen does not even have the ability to remedy the shortcomings," said lawyer Frederik Wietbrok, who owns a VW acquired in 2015 Tiguan represented. The court takes Volkswagen any opportunity to mend vehicles with manipulated software in the previous form.

Many complaints in Germany

Whether the verdict has consequences for the millionfold recall of manipulated diesel cars by VW, remains to be seen. Thousands of owners of manipulated diesel cars complain to Volkswagen in Germany. Many procedures were dismissed by courts. In cases in which judgments against VW fell, the automaker appealed.

Attorney Wietbrok said that some courts have already awarded plaintiffs a right to a new car. However, none of the vehicles had a software update been installed. Volkswagen argues that the manipulation is eliminated by the new software and refers to the approval by the Federal Motor Transport Authority.

barter without usage discount

In the judgment of the district court of Hamburg from 7 March it is called on the other hand: "The Average buyer can expect when buying a car that the vehicle he has purchased the exhaust emissions, not only by an attached software for the test bench. "

Remarkable in the argument is also that no discount for the used car is counted, but the court obliged the defendant VW dealer to change the vehicle to a new car, a new generation Tiguan.

The judge expressly refers to fears in the public that the software update has a negative impact on the performance of the vehicle could and thus the car may lose value. The technical doubts quoted by the plaintiff are in any case also comprehensible to a layman. The Tiguan II with the Euro 6 emission standard is a bit bigger and has more horsepower. (SDA)

Posted on 16.03.2018 | Updated at 15:36

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