In its ruling of March 12, 2020 (case no. 3 U 55/19), the Higher Regional Court of Cologne for the first time recognized the results of emissions tests as evidence of the installation of illegal defeat devices, thus deciding entirely in the interests of consumers. As a result, the Higher Regional Court of Cologne has once again made a spectacular decision in the emissions scandal.
Before the Bonn Regional Court, the owner of a VW Touareg 3.0 V6 TDI 176 kW BMT with a diesel engine of pollutant class 5 to have the purchase rescinded. The extensive test results from the German Environmental Aid (DUH), which we submitted to us, show that the exhaust emissions of this model in real driving conditions are many times higher than the values on the test bench. The measurements show an average of 1,597 mg/km. The limit is 180 mg/km, which means that the measured value exceeds the NOx value by a factor of 8.9. The test results therefore suggest that an illegal switch-off device is installed in the vehicle.
The Bonn Regional Court had dismissed the lawsuit in the first instance: the arguments we had put forward were merely “made out of the blue” and did not justify reversal.
Emissions test recognized as evidence of illegal defeat device
In the appeal proceedings, the Cologne Higher Regional Court ruled Verdict of the Bonn Regional Court has now been overturned and the case has been referred back for further clarification and a new decision. According to the Cologne Higher Regional Court, test results can very well be an indication of the presence of illegal switch-off devices. The plaintiff we represent has provided well-founded information on the technical equipment of the engine control system with the publicly available tests. Due to a lack of our own expertise and deeper insight into the functioning of the diesel engine, no more detailed arguments can be requested. The Regional Court must now clarify this.
Present the emissions test as evidence and seize the opportunity!
We at Rogert & Ulbrich recommend having your claims checked. Our initial consultation is free and non-binding. We have already won numerous judgments for our plaintiffs and have been involved in the diesel emissions scandal since the beginning. Get advice without obligation.
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