EA288-Abgasskandal: Volkswagen immer häufiger zu Zahlung von Schadensersatz verurteilt

In recent weeks, several regional courts have sentenced Volkswagen AG to pay damages for intentional and immoral damage. What is special about this is that all of the proceedings concerned the successor engine to the “scandal engine” EA189, the EA288 diesel engine which has also been installed millions of times in Volkswagen Group vehicles since 2012.

The EA288 diesel engine of the Volkswagen Group – "emissions scandal 2.0"

Vehicles with the increasingly prominent emissions scandal EA288 diesel engine and Euro 6 emission standards have different exhaust aftertreatment systems. On the one hand, the exhaust gas purification monitored by the vehicle's engine control unit can be carried out with the help of a so-called NOx storage catalyst (NSK), on the other hand, an alternative so-called SCR catalyst is installed, which is based on the addition of urea - also known as "AdBlue“ – is required.

In recent weeks, other courts have ruled on precisely these “emission control strategies” of Volkswagen AG and identified illegal switch-off devices in the software implemented on the engine control unit, which entitled the plaintiffs to claim damages.

Regional courts in Aachen, Münster, Bonn and Flensburg decide in favour of injured consumers

The Aachen Regional Court ruled twice in favour of the plaintiff and ordered Volkswagen AG to withdraw a VW Golf VII 1.6 TDI with NOx storage catalyst (ref.: 10 O 353/20) and a VW T6 California with AdBlue-Exhaust gas treatment (10 O 486/20). The injured vehicle buyers were awarded their purchase price less compensation for use determined by the court.

The Münster Regional Court (case no.: 011 O 530/20) ruled in the same way and awarded the plaintiff – driver of a VW Touran 2.0 TDI with SCR catalyst – are entitled to claim damages due to the installation of manipulated exhaust gas purification software.

The Bonn Regional Court (case no.: 19 O 87/20) also ruled in favour of an injured party VW Golf VII 2.0 TDI driver (with NOx storage catalyst) and ordered Volkswagen AG to take back the vehicle and to refund the purchase price, less compensation for use.

The case before the Regional Court of Flensburg (case no.: 3 O 132/20), however, did not involve a Volkswagen vehicle, but a vehicle equipped with the EA288 diesel engine. Audi A4 Avant 2.0 TDI with SCR catalyst. Here too, the court ruled in favor of the plaintiff and awarded the plaintiff a claim for reimbursement of the purchase price less compensation for use.

Increasingly good prospects of success for affected vehicle owners

The rulings make it clear once again that proceedings against Volkswagen AG concerning the group's EA288 diesel engine are much more promising than Volkswagen AG itself tries to portray.

Get free advice now!