The Cologne Regional Court has now issued an advisory decision in a case we are conducting against Adam Opel GmbH (decision of November 2, 2021, ref. no.: 3 O 89/20). An expert is to be commissioned to clarify the remaining open questions.
The main aim is to determine whether the engine of the Opel Insignia the plaintiff's vehicle was programmed in such a way that the software – before the update – recognised (for example based on steering movements, ambient pressure, speed changes, but also on other parameters) whether the vehicle was on the test bench or in real road traffic?
If this question is answered in the affirmative, the court would like to know whether, for example, the exhaust gas recirculation rate changed, the AdBlue supply was reduced, whether the vehicle even met the Euro6 emissions standard before the update and whether the respective devices were actually necessary to protect the engine.
Perhaps it would be advisable for Adam Opel GmbH to come clean and put its cards on the table. The fine imposed by the Frankfurt am Main public prosecutor's office was also accepted.
After fine, first evidence decision
Opel had accepted a fine of 64.8 million euros in the diesel scandal. The public prosecutor had imposed this fine because several Opel diesel models had emitted significantly higher levels of pollutants than those reported to the Federal Motor Transport Authority. After paying the fine, there should be no proceedings like those against VW AG. Proceedings against six managers responsible were dropped due to minor guilt or payment of conditions. Opel remains convinced that all vehicles have complied with the legal requirements at all times. There is no illegal switch-off device.
The above-mentioned advisory decision could now be a step in the other direction. It could now clarify whether an illegal switch-off device may have been installed and whether this could give rise to a possible claim for damages for Opel drivers.
Opel drivers should act now
If you drive an Opel, you should now possible claims We are a renowned commercial law firm with particular expertise in consumer protection and a pioneer in the emissions scandal. We will be happy to advise you free of charge and without obligationwhether you are entitled to compensation.
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