Gutachten zum EA288 von immer mehr Gerichten gefordert

Order of evidence OLG Oldenburg.

After the Higher Regional Court of Celle clearly positioned itself on the side of the consumer in an order for evidence (Higher Regional Court of Celle dated 07.09.2020, Az. , Az 7 U 532/18) and ordered that the Federal Motor Transport Authority disclose whether Volkswagen all facts about the software in the engine EA288 truthfully stated, the Higher Regional Court of Oldenburg also issued an order for evidence in an EA288 case conducted by us (OLG Oldenburg of 16.09.2020, ref. 8 U 188/19).

It should be clarified by expert opinion,

whether the effectiveness of emission control systems in the engine of the vehicle in question is reduced by the fact that the NEDC test cycle is recognised on the basis of the installed software with the aid of physical boundary conditions – the driving curves, the steering angle detection and the time recording.

whether the effectiveness of emission control systems in the engine of the vehicle in question is reduced by the fact that the NEDC test cycle is recognised on the basis of the installed software with the aid of physical boundary conditions – the driving curves, the steering angle detection and the time recording.

whether the effectiveness of emission control systems in the engine of the vehicle in question is reduced by the fact that the NEDC test cycle is recognised on the basis of the installed software with the aid of physical boundary conditions – the driving curves, the steering angle detection and the time recording.

and

whether the conditions are not included in the procedures for testing evaporative and tailpipe emissions.

Here too – as in the Celle evidence order – the Senate relies on the VW internal “decision template for EA288“, which explains how exhaust emissions are affected by driving cycle detection.

It looks as if VW's argument is starting to fall apart.