Aktuelles zum EA288 Motor - immer mehr Gerichte verurteilen VW

VW considers EA288 lawsuits to be hopeless. More and more courts see things differently and are ordering VW AG to pay damages!

VW would have the legal proceedings regarding the engine EA288 - the successor to the scandal engine EA189 - in the bud and do not want to take responsibility at all. With a large-scale media campaign that was intended to suggest to drivers of newer diesel models from Volkswagen and its subsidiaries how hopeless claims for damages are. But as more and more consumers find their way into the courtrooms, there will also be more consumer-friendly judgments. The trend is increasing - lawsuits have been won more and more often in the recent past.

For example, on Bonn Regional Court (judgment of October 21, 2021, case number: 19 O 172/20)There, VW AG was ordered to pay the plaintiff € 13,649 against return of the vehicle. This was a Audi A3 2.0 TDI Sportback, which the plaintiff had bought as a used car for a purchase price of €27,270. The Bonn Regional Court sees damage to the buyer as a result of the conclusion of the purchase contract. This damage cannot be remedied even by installing a software update.

EA288: Courts follow suit – things are getting tight for VW

The Düsseldorf Higher Regional Court rejected VW AG's appeal directly in its decision of September 16, 2021, ref.: I-20 U 14/21. Rather, the Higher Regional Court, in agreement with the court of first instance, assumes that the EA288 engine installed in the vehicle in question was equipped with "cheating software". The Higher Regional Court considered the plaintiff's statement that the EA288 engine is equipped with a driving curve detection system to be sufficiently substantiated. The engine is equipped with a switch-off device that detects when the car is on the test bench and then reduces the emissions values. There is no other way to assess the facts. The arguments put forward by Volkswagen were not sufficient for the judges to overturn the first instance judgment of the Duisburg Regional Court. A well-known method, then, and no different from the EA189 engine.

What is particularly pleasing in this case is the fact that the Senate has rejected the appeal by a unanimous decision. It only does this if the appeal apparently has no prospect of success.

It is becoming increasingly clear that consumers are not necessarily fighting a losing battle against VW AG from the outset - even if Volkswagen wants to make consumers believe this with its campaign against EA288 lawsuits. The bill only comes at the end and anyone who does not try to take action against the injustice has already lost.

EProspects of success of EA288 lawsuits are steadily increasing

That is why we recommend that every driver of a diesel vehicle with Euro 6 emissions class from the Volkswagen Group – be it Audi, Seat, Skoda or Volkswagen – seek legal advice. For constant dripping wears away the stone.

Please feel free to take advantage of our free and non-binding initial consultation and have your claim checked individually.