diesel emissions scandal
Volvo engines manipulated
Avoid loss of value & benefit from your right to compensation
The Swedish-Chinese car manufacturer Volvo is also implicated in the diesel scandal, as independent emissions tests prove. The permissible emissions limits are exceeded many times over in real-world traffic. The tested engines are installed in a number of Volvo models.
The exhaust gas purification system is manipulated using the so-called "thermal window." Volvo does not deny the use of this technology. However, Volvo argues that the existing thermal window is "industry standard" and, like other manufacturers, serves to protect the engine.
However, the highest courts – the European Court of Justice (ECJ) and the Federal Court of Justice (BGH) – clarified that thermal windows are not permitted and that those affected are entitled to lump-sum compensation of up to 15% of the purchase price.
Thanks to this ruling, the prospects for those affected to obtain compensation have improved significantly. Furthermore, the duration of diesel lawsuits will be significantly reduced.
Convince yourself of the competence and assertiveness of R&U lawyers. In a initial telephone consultation We will be happy to check whether your vehicle is affected by the emissions scandal and develop a tailor-made solution for you. Arrange a consultation today. Date of your choice to receive non-binding information.
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Popular Volvo models are suspected of manipulation
Since 2016, the German Environmental Aid (DUH) has maintained an Emissions Control Institute (EKI) that conducts independent emissions tests. The EKI tested the Volvo dieselSUV XC60 2.0 D3 with Euro 5 emissions standardThis model exceeded the limits by five times. In addition, the Volvo S90 4D with Euro 6 emissions standard which exceeded the permissible value by 13 times.
According to internet reports, the British Emissions Analytics Institute discovered elevated nitrogen oxide levels in Volvo's XC60 and XC90 SUVs.
According to current information, the following engine series are suspected of manipulation:
D3 (Euro 5) and D4 (Euro 6).
According to internet sources, these engine types were installed in the following vehicles:
- Volvo S60
- Volvo S80
- Volvo S90
- Volvo V40
- Volvo V60
- Volvo V70
- Volvo V90
- Volvo XC40
- Volvo XC60
- Volvo XC70
- Volvo XC90
From 2024, Volvo will stop producing diesel engines
One possible consequence of this could be the company's decision to stop producing diesel engines as early as the beginning of 2024. In addition, the group wants to develop hardwareRetrofits for manipulated vehicles, however at the expense of consumersIt is unacceptable that the injured consumer should now be asked to pay again. Until now, the automobile manufacturers had borne the costs of the necessary measures.
Inadmissible defeat device:
How does the Volvo thermal window work?
Volvo has confirmed to various media outlets that it uses a sensor in the exterior mirror to control the exhaust gas treatment system. This thermal window regulates exhaust gas recirculation based on the outside temperature. The vehicle detects whether it is in test mode or in normal traffic.
On the test bench, the thermal window adjusts the exhaust gas treatment to produce lower pollutant emissions and reduce nitrogen oxides. In this mode, the exhaust aftertreatment operates more efficiently.
However, during normal driving on the road, the exhaust gas purification mechanisms are throttled or completely shut down, especially at low outside temperatures. This leads to higher pollutant emissions because the exhaust gas purification is less effective.
Such systems, especially if they are used to deliberately manipulate emissions, are not legally permissible and entitle you to compensation.
R&U Lawyers fight for your rights
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With more than 25,000 mandates and over 15,000 lawsuits filed We are one of the leading law firms in the diesel emissions scandal.
Entrust your case to our lawyers and benefit from our experience.
What shutdown techniques do car manufacturers use to manipulate exhaust gas purification?
In the diesel scandal, different switch-off technologies (AE) are used depending on the company and vehicle type in order to manipulate the emission values. "Dirty" diesels appear "clean" at least on the test bench. In real driving conditions on the road, however, the vehicles exceed the permissible limits by several times.
Temperature- or time-controlled shutdowns (thermal window, heating strategy)
When certain temperatures or times are reached, the engine control software turns off the emissions control system. This may improve performance or fuel economy, but results in excessive emissions.
Defeat Devices (test bench/driving curve detection)
This software for controlling exhaust gas purification recognizes the exhaust gas test cycle and reduces emissions to the legally permissible range. In real driving conditions on the road, however, the limit values are exceeded many times over.
coolant target temperature control
With the coolant target temperature control, a software function activates a special temperature control that keeps the coolant circuit artificially colder and delays the warming up of the engine oil. This is the only way to keep the nitrogen oxide levels on the test bench below the legally prescribed limits.
What is the legal situation?
“A sensational Verdict of the Higher Regional Court of Cologne (OLG Cologne) dated 29 November 2023 confirms our view that the defeat device (AE) used by Volvo is illegal and entitles to compensation (OLG Cologne 16 U 15/23)."
Lawyer & Partner
Dr. Marco Rogert
Software updates:
Possible consequential damage to vehicles and consumers
After the diesel scandal became known in 2015, the Federal Motor Transport Authority (KBA) issued instructions to various manufacturers to remove the prohibited functions. In response, hundreds of thousands of car owners were asked by the manufacturers to have an update carried out on their vehicles, which included, among other things, revised engine control software.
In general, we recommend not installing software updates that supposedly improve NOx or emission values. Engine control with the same hardware is basically a kind of "compromise" between many components, including exhaust emissions, performance, handling, consumption and durability of individual vehicle parts. It is therefore not possible to improve the exhaust emissions without accepting a deterioration in other areas.
Consequential damages are therefore possible:
- Shorter service life, faster wear and changed engine behavior
- Increasing fuel and AdBlue consumption
- Increased susceptibility to repair of engine components & increasing problems with exhaust gas purification
- Loss of performance and reduced smoothness of the engine
- Lack of warranty for consequential damages on the part of the manufacturer
- Time & effort of the workshop stay (usually without being provided with a replacement vehicle)
Calculate the amount of your refund now*
Compensation
€ 26.840,-
Purchase price:
€ 33.000,-
Compensation for use:
– € 6.16,-
remaining claim:
€ 26.840,-
* Calculation of the refund based on an expected (maximum) total mileage of your vehicle of 300,000 kilometers. This assessment may be judged differently by the courts.
DUH sues the Federal Motor Transport Authority (KBA) for inaction
So far, the Federal Motor Transport Authority (KBA) has refused to order recalls for the affected Volvo models. It is estimated that around 10 million Euro 5 and 6 vehicles are affected, which only received their registrations through the use of fraudulent software.
Due to the lack of action by the Federal Motor Transport Authority (KBA), the Deutsche Umwelthilfe (DUH) has now filed a lawsuit against the Federal Republic, represented by the KBA, due to inactionSeveral years ago, the DUH, through its Emissions Control Institute (EKI), first identified such defeat devices in Volvo diesel vehicles through measurements and reported this to the KBA. Despite this and other recent indications, the federal authority has so far remained inactive. For this reason, on May 23, 2023, the DUH filed an action for failure to act against the KBA's lack of action as the market surveillance authority. The affected models are the Volvo XC60 models meeting the Euro 5 to Euro 6c emission standards.
The company plans to offer retrofits. However, these will only be available for certain models, and the costs will be borne by consumers.
FOCUS online | 27.06.2023:
Federal Court of Justice eases diesel lawsuits:
The recent BGH ruling of June 26, 2023 has far-reaching implications for claims for damages in the diesel emissions scandal. Car buyers can now demand compensation even if the car manufacturers did not intentionally defraud but acted negligently. The court is overturning its previous case law and following the decision of the European Court of Justice of March 21, 2023. The ruling affects over 100,000 cases across Germany.
What compensation options are available to affected diesel drivers?
If your vehicle has been tampered with and has an illegal switch-off device, you are entitled to compensation. Which litigation strategy gives you the best chances and the greatest compensation depends on various factors. That is why you should seek detailed legal advice from the R&U law firm about your options. With more than 15,000 lawsuits filed, we have the experience to achieve the best result for you.
'Major' compensation | Rescission | Return the car
§ 826 BGB
Reversing the purchase agreement allows you to return the vehicle to the manufacturer and get the purchase price refunded. Only a so-called usage fee for the kilometers you have driven will be deducted from this. The judge will take into account the current mileage at the time of the court hearing, although the maximum mileage of your vehicle can be estimated differently from court to court. For this procedure, proof of intentional, immoral damage must be provided.
It’s worth being quick:
The fewer kilometers you have driven and the sooner the hearing takes place, the higher your compensation will be.
By the way: If you have financed your vehicle, you can also claim back the financing costs incurred from the manufacturer.
Difference compensation | Vehicle has already been sold | Reduced value higher than 15%
§ 826 BGB
The difference in damages determines the sum between the actual value of a vehicle and the value it would have had without the fraudulent manipulation. Car owners can make this claim to compensate for the loss in value of their vehicle. In this case, it is sufficient to prove that the manufacturer acted negligently.
'Small Damages' | Diminished Value
§ 823 BGB
The 'small compensation' - also called 'diminished value' - is calculated from the value that the vehicle would have if no illegal defeat device had been installed, compared to the value with the defeat device installed and non-compliance with environmental standards. In our experience, car owners receive up to 25% of the purchase price as compensation and keep their vehicle.
Lump sum compensation
The lump sum compensation, as decided by the Federal Court of Justice (BGH) in June 2023 (VIa ZR: 335/21, 533/21, 1031/22) refers to a compensation range of 51% to 151% of the purchase price. This compensation is also granted without expensive expert reports. The car owner keeps his vehicle and the kilometers driven are not deducted from the compensation. This lump sum compensation compensates for your financial loss without the need for expensive expert reports.
Current rulings in the emissions scandal:
Judge us by our results – we congratulate our clients
Vehicle: BMW xDrive
mileage: km
Vehicle: BMW 218d
mileage: 61,391 km
Vehicle: Audi Q3
mileage: 106,417 km
Vehicle: VW Caddy
mileage: 70,000 km
Vehicle: VW Tiguan
mileage: 135,397 km
Vehicle: VW Passat
mileage: 132,736 km
Vehicle: Audi A5
mileage: 105,579 km
Vehicle: VW Touareg
mileage: 215,138 km
Vehicle: VW Phaeton
mileage: 122,912 km
Vehicle: VW Tiguan
mileage: 128,053 km
Vehicle: VW Multivan
mileage: 152,309 km
Vehicle: Audi A6
mileage: 57,115 km
Vehicle: Audi SQ5
mileage: 133,130 km
Vehicle: Seat Exeo
mileage: 226,190 km
Vehicle: Audi A6
mileage: 70,326 km
Vehicle: VW Passat
mileage: 115,797 km
Vehicle: Daimler GLK
mileage: km
Vehicle: Daimler GLS
mileage: 58,042 km
Vehicle: Daimler GLC 220
mileage: 45,500 km
Vehicle: Audi A4 Avant
mileage: 60875 km
Does your vehicle have an unauthorized switch-off device?
Since 2016, the German Environmental Aid (DUH) has operated an Emissions Control Institute (EKI), which carries out independent exhaust gas measurements to determine whether vehicles comply with the permissible NOx limits or have illegal defeat devices (AE).
Find out whether your vehicle was equipped with illegal defeat devices according to the DUH investigations and whether you are entitled to compensation from the manufacturer.
Affected vehicles
Would you like to know whether your vehicle is also affected?
We have compiled the most important information for you.
Please select a car brand:
*The manufacturer logos used serve solely to improve the visual identification of the vehicles with the corresponding brand. The logos belong to the respective automobile manufacturer.
Further interesting information on the Euro 6 emissions standard:
Questions about the emissions scandal
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