The Stendal Regional Court has sentenced VW AG to pay damages amounting to € 14,985 against return of the vehicle (Judgment November 19, 2021, Ref. 21 O 90/21). This was about a Skoda Octavia with an engine of the type EA288The plaintiff paid €19,480 for the used car in July 2019.
The regional court confirmed that an impermissible switch-off device was present. A switch-off device is therefore present when the engine control software influences the function of part of the emissions control system in order to improve the exhaust gas values on the test bench. The so-called "driving curve recognition" is installed in the vehicle's engine. This is used to recognize the test cycle and controls the vehicle's exhaust gas aftertreatment. It ensures that the vehicles recognize the test bench and comply with the legally prescribed limits. In real driving on the road, however, the limits are exceeded many times over.
Skoda Octavia has an illegal switch-off device
VW AG continues to believe that the emission values are identical with and without curve detection. This view contradicts the installation of the defeat device, as the limits would then be complied with even if it were deactivated. Defeat devices could then be installed at will and it could be claimed afterwards that they had no effect on the emission values.
In light of all of this, the regional court considers the presence of an impermissible switch-off device to be a given. Software that distinguishes between two operating conditions in order to simulate false emissions values constitutes immoral damage.
Rogert & Ulbrich recommends all Skoda drivers
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.
Please feel free to take advantage of our free and non-binding initial consultation and have your claim checked individually.
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