EA 288 lawsuits are unsuccessful – no way! Now things are really getting started!

VW again sentenced to pay damages because of an EA 288 2 liter Euro 6 vehicle.

The large VW Group wanted to convince the little man on the street that it is completely hopeless for buyers of a vehicle with the EA 288 engine to demand compensation. VW even launched its own media campaign to this end in autumn 2020. But the reality is different.

Ten regional courts have already granted claims for damages under EA 288: LG Düsseldorf AZ 11 O 190/18, LG Offenburg AZ 3 O 38/18, LG Regensburg AZ 73 O 1181/19, LG Munich II AZ 3 O 4218/20, LG Duisburg AZ 1 O 1181/19, LG Heilbronn 6 O 257/19, LG Darmstadt AZ 13 O 88/20, LG Potsdam AZ 11 O 167/20, LG Munich II AZ 3 O 13321/19, LG Hanover 11 O 189/20.

Many other regional courts are undergoing a transformation and are changing their initially dismissive attitude. Higher regional courts in Celle, Oldenburg, Cologne and Munich are also taking a very close look at the cases and are therefore becoming unpleasant for VW.

Dr. Rogert: "In the first few months after the emissions scandal 2.0 (series EA288 Euro 6) became known, the courts openly expressed scepticism as to whether these vehicle types were actually manipulated, contrary to the assurances of the VW Group. This scepticism has given way to curiosity. The judges now want to know for sure. We can no longer escape orders for evidence; we receive several every day. This means that the courts assume that the content of our presentation is comprehensible (logical). In other words, the courts are now moving to checking for themselves, through a so-called evidence gathering, whether manipulative software is also being used in the EA 288, which ensures that the limit values are complied with on the test bench in order to get the vehicle approved. In the meantime, 11 different regional courts nationwide have upheld lawsuits regarding manipulated EA 288 engines. The higher regional courts in Celle, Oldenburg, Munich and Cologne have issued rulings in favour of the plaintiffs. The whole thing is extremely reminiscent of the developments in the early stages of the legal investigation into the EA 189 scandal. I have the feeling that things are only just getting started."

The EA 288 is the successor engine to the scandalous EA 189 engine of the VW Group, which was the cause of the emissions scandal. It is available in the Euro 5 and Euro 6 emissions classes and has been installed in the 1.2 to 2.0 liter models of the VW, Seat, Skoda and Audi brands since 2015.

EA 288- VW wants to prevent a new wave of lawsuits over the successor to the scandal engine – apparently by all means

Dr. Rogert: "Many consumers are still uncertain. Is my vehicle, which has the successor engine to the EA 189, the EA 288, also affected by the emissions scandal or not? There has not yet been a recall from the Federal Motor Transport Authority, except for the VW T6. The answer is: yes! You should not definitely trust the manufacturer's information."

An article in this week's Süddeutsche Zeitung, in the seventh year of the emissions scandal, also deals with this in impressive terms. https://bit.ly/3nMJhyU Here it says:

"Cars for life" is one of Volkswagen's slogans. "Time is money" would be just as suitable as a company motto. After the revelation of emissions manipulation in diesel vehicles over half a decade ago, VW had one main interest: to pay little or no compensation to most of the more than ten million customers affected. The cunning strategy of the company's top management was as simple as it was successful: to let as little of the alleged criminal activities as possible get out. To keep quiet about as much as possible and thus gain as much time as possible until as many claims for compensation as possible expire.

The Süddeutsche Zeitung continues:

"And it is not illegal not to present all the internal findings to the court. The burden of proof in damages lawsuits in Germany and elsewhere lies with the plaintiffs. Volkswagen does not have to incriminate itself."

But more and more judges at the regional courts are realizing this and are no longer letting the company get away with this attitude.

VW must pay 22,400 euros in damages to a plaintiff with a VW Caddy with EA 288 Euro 6

This is already the third positive ruling at the Offenburg Regional Court. Now the 2nd Chamber of the Offenburg Regional Court, case number 2 O 168/20 of January 4, 2021, has also sentenced VW to pay damages. The judge stated:

 "It is undisputed that the vehicle with EA 288 has a so-called driving curve installed, which enables the engine control to recognize whether the vehicle is in traffic or on the test bench.... In vehicles with such a test bench recognition, the vehicle was not tested and registered properly.... The vehicle is defective.... The VW Group has immorally deceived the plaintiff about the vehicle's defectiveness and is therefore liable for damages."

Consumers with a 1.2 to 2.0 liter diesel vehicle built from 2015 should therefore consult a lawyer and have their rights checked as soon as possible.