Dieselskandal 2.0 - Schadensersatz bei VW Beetle

Another setback for VW AG in the diesel scandal 2.0: The Higher Regional Court (OLG) Naumburg has once again sentenced VW AG to pay damages in the amount of € 10,553 due to intentional and immoral damage under Section 826 of the German Civil Code (BGB) (judgment of November 12, 2021, case number 8 U 46/21).

The plaintiff had the VW Beetle 2.0 TDI Cabrio Bought used in July 2018 for € 29,770. The car is equipped with the engine EA288 equipped with a NOx storage catalyst that complies with the Euro 6 emissions standard.

Concession by non-appearance in diesel scandal 2.0?

The plaintiff claimed damages due to the use of an illegal switch-off device. The Senate saw the failure of VW's lawyers to appear as a concession. Due to a switch-off device, the vehicle only complies with the legally prescribed limits on the test bench. Software for the purpose of detecting the test bench is installed in the form of curve detection in the corresponding vehicles with the EA288 engine type. In real driving on the road, however, the limits are exceeded many times over.

In April 2021, the Naumburg Higher Regional Court had already sentenced VW AG to pay damages of €20,885 for a Golf VII with the EA 288 engine (judgment of April 9, 2021, case number 8 U 68/20).

Lawsuits in the diesel scandal 2.0 about the EA288 promising

The consumer-friendly jurisprudence is becoming more and more accepted in the courts. Your chances in court against VW AG are better than ever. Further information on the subject and a non-exhaustive overview of the judgments passed can be found on our website at https://ru.law/e xpertise/emissions scandal/ea288/.

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