Volkswagen Archive - R&U

BGH: Anspruch auf ein mangelfreies Ersatzfahrzeug

Marco Rogert — Wed, 22 Dec 2021 09:03:57 +0000

In its ruling of December 8, 2021, the Federal Court of Justice (BGH) ruled that the buyer of a defective new vehicle can, within the scope of his warranty rights, only demand the replacement delivery of a successor model that has now been manufactured against an appropriate payment. But this is only possible if the vehicle has a significant added value compared to the vehicle originally purchased (case number VIII ZR 190/19).

In this specific case, it concerns the claims of a buyer due to an illegal switch-off device in a defective new vehicle in the emissions scandal. The vehicle in question here is a VW Caddy III with the diesel engine EA189, which the buyer had purchased in June 2015 for a purchase price of € 19,910. In December 2016, a software update was to be installed, which was rejected by the buyer. Instead, in May 2017, the buyer requested that the seller replace the vehicle with a defect-free new vehicle, the successor model VW Caddy IV. This replacement delivery was rejected by the seller due to the disproportionate costs compared to installing the software update.

Further development of the BGH ruling of 21.07.2021

On July 21, 2021, the Federal Court of Justice had already ruled that the owners of illegally manipulated vehicles are entitled to the delivery of a defect-free replacement vehicle even if the respective dealer had previously offered them the installation of a software update (judgment of July 21, 2021, case number VIII ZR 254/20 et al.). With the current ruling, the Federal Court of Justice initially confirmed its ruling from the summer.

According to the BGH, a replacement delivery of a successor model should only be made with an appropriate additional payment if the list price of the new vehicle exceeds the price of the old vehicle by at least 25 percent. The buyer would then normally have to make an additional payment of one third of the difference. This should not cause too much damage to the dealer.

Furthermore, the replacement delivery of a new vehicle free of defects should not be impossible simply because a successor model has since come onto the market instead of the vehicle model originally purchased.

With regard to the question of the disproportionate costs of installing a software update, the BGH has ruled that subsequent delivery can only be refused if the defect in the form of the impermissible shutdown device is completely, permanently and professionally remedied. If consequential damage occurs as a result of the software update, the defect in question has not been remedied. The seller bears the burden of explanation and proof for these circumstances.

BGH: Rogert & Ulbrich continues to see positive prospects

Since 2007, we have been fighting against large corporations on behalf of consumers nationwide. Due to a large number of recent positive judgments, the chances of success for consumers have continued to increase enormously. Our initial consultation is free and non-binding. Get advice without obligation.

VW-Diesel-Betrugsprozess startet – Wer trägt die Verantwortung?

Marco Rogert — Fri, 17 Sep 2021 07:48:20 +0000

The Braunschweig Regional Court (case number: 6 KLs 23/19) is now trying to determine who bears personal responsibility for the millions of manipulations of diesel vehicles. diesel emissions scandal was discovered 6 years ago in the USA and now clarity is to be provided. 4 former managers are accused, including Martin Winterkorn, which for health reasons is initially considered separately from the procedure.

The managers are accused of, among other things, gang fraud. Above all, however, they are said to have known about the diesel manipulation and thus deceived authorities and customers. The fraudulent software ensured that the diesel engines complied with the emissions standards on the test bench, but not in real driving conditions, i.e. on the roads. This software was active in more than eleven million vehicles. The Federal Court of Justice even found that the company had intentionally and immorally harmed its customers. With the current trial, Volkswagen AG's deceptions are coming before a German criminal court for the first time.

concessions by Volkswagen AG

As early as September 2015, VW admitted that diesel emissions had been manipulated millions of times. As a result, Volkswagen AG had to pay damages amounting to over 32 billion euros. We at Rogert & Ulbrich have been there since the beginning and represent more than 25,000 affected consumers and help them to get their rights. We are convinced that many more concessions will come from Volkswagen.

Rogert & Ulbrich recommends:

If you also own an affected diesel vehicle or would like to have it checked: Contact us free of charge and without obligation and we will advise youWe will examine your case individually and inform you about your options and chances of success.

OLG Naumburg erachtet Abschalteinrichtung bei VW T6 mit EA288-Motor und EU6-Zulassung als unzulässig

Marco Rogert — Wed, 04 Aug 2021 12:25:26 +0000

In its decision of 19 July 2021, ref.: 8 U 11/21, the Naumburg Higher Regional Court considers the installed switch-off device in the EA288 engine EU6 with SCR catalyst as inadmissible. The EA288 EU6 engines were fitted with a driving curve recognition system. According to the court, this sets the engine software so that the vehicle maintains an optimised exhaust gas purification strategy on the test bench by increasing the exhaust gas recirculation rate. The exhaust gas recirculation rate is only reduced for a fraction of the test bench. According to Rogert & Ulbrich, this function only serves to "outsmart" the test bench.

Switch-off device does not work in real driving conditions

Recently published internal documents from VW AG show that different operating strategies exist. These change the exhaust gas recirculation rate by detecting the driving curve and the “distance-time corridor” determined in the process. The aim of these different strategies is to ensure that the legally prescribed limits for nitrogen oxides are complied with on the test bench. However, it is not clear how the vehicle’s emissions behaviour will affect real driving on the road. This means that the installed shutdown device has a different emission behavior during test operation compared to real driving conditions. This fact means that the defeat device is not permitted.

Rogert & Ulbrich recommends

By assessing the switch-off device on the EA288 engine with EU6 approval and SCR catalyst as inadmissible, the Naumburg Higher Regional Court has opened up the possibility of successfully asserting claims for damages against VW AG. If you are unsure whether your vehicle is also affected, we would be happy to check your claims. Our initial consultation is free and non-binding. Feel free to contact us for advice without obligation.

OLG Köln bestätigt Schadensersatzanspruch beim VW T5

Marco Rogert — Fri, 30 Jul 2021 10:52:20 +0000

The Higher Regional Court of Cologne has granted our client (Ref. No. I-25 U 91/20) damages in the amount of €48,000. The vehicle in question is a VW camper van. The plaintiff's camper van is equipped with the controversial EA189 engine, which, according to the court, is also equipped with an illegal defeat device.

Compensation even without an official KBA recall

Although there was never an official recall for the VW T5 from the Federal Motor Transport Authority, the court awarded our client damages. The motorhome is equipped with the same engine (EA189) as other VW vehicles with an official KBA recall. The advantage: Since there has been no official recall for this model to date, the statute of limitations has not expired. "I advise anyone who owns a T5 to seek legal advice from a specialist lawyer." advise to let it go," says Dr. Marco Rogert, whose law firm handled this case in Cologne.

Rogert & Ulbrich recommends

We are a renowned law firm with special expertise in consumer protection. We advise and represent vehicle buyers nationwide who have been harmed in the diesel emissions scandal. Therefore, we also recommend your claims for damages to have it checked and asserted.

BGH bestätigt nun auch Differenzansprüche nach Weiterverkauf

Marco Rogert — Tue, 20 Jul 2021 13:38:36 +0000

With Judgment of 20 July 2021, VI ZR 575/20 The Federal Court of Justice ruled that a claim for damages also exists when a vehicle affected by the emissions scandal is resold. According to the Karlsruhe judges, this does not conflict with the claim for damages that is generally given. However, the proceeds from the sale must be offset against the compensation.

Claim for damages does not lapse

This means that you can still sue even if you have already sold your vehicle. In the specific case before the Federal Court of Justice, the plaintiff, former owner of a VW Touran with the EA189 scandal engine, sold the vehicle in question during the ongoing proceedings. However, this did not prevent the judges of the Federal Court of Justice from awarding the plaintiff damages. The only thing was that she had to allow the sales price to be offset against the compensation to which she was entitled.

Rogert & Ulbrich continues to advise you to file a lawsuit – have your claims examined

Have you already sold your vehicle affected by the emissions scandal? – Nevertheless, have your claims checked. We have already been able to obtain a number of positive judgments despite the vehicle being sold.

Wettbewerbsstrafen gegen BMW und Volkswagen in Millionen Höhe

Marco Rogert — Fri, 09 Jul 2021 08:06:33 +0000

BMW and Volkswagen is accused of having entered into illegal agreements with the competition. In detail, the two companies are said to have colluded to slow down the development and market launch of exhaust gas purification systems. This affects tanks for the fuel additive "AdBlue", which play a crucial role in the purification of car exhaust gases (so-called nitrogen oxides).

Antitrust violation – The technology of AdBlue tanks was not fully exploited

The technology of AdBlue tanks has the potential to reduce harmful emissions beyond the requirements of the EU emissions standard. However, the exploitation of this potential was prevented by agreements between Daimler, BMW and Volkswagen. AdBlue tanks in diesel vehicles with newer generations of catalytic converters contain special urea solutions that could enable more efficient exhaust gas purification and a corresponding reduction in harmful emissions.

Adblue strategy also installed in EA288 diesel engines

Our law firm has received the first positive judgments (including LG Offenburg Az. 3 O 39/20; LG Kleve Az.3 O 421/20) in which the court found a claim for damages due to the installation of inadmissible AdBlue dosing strategies even in vehicles with EA288 diesel engines (successor to EA189) is answered in the affirmative. This means that a so-called SCR catalyst in the vehicle controls the amount of AdBlue injected depending on the situation. The values are reduced on the test bench, in contrast to normal operation.

Volkswagen Archive - R&U

BGH: Anspruch auf ein mangelfreies Ersatzfahrzeug

Further development of the BGH ruling of 21.07.2021

BGH: Rogert & Ulbrich continues to see positive prospects

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VW-Diesel-Betrugsprozess startet – Wer trägt die Verantwortung?

concessions by Volkswagen AG

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OLG Naumburg erachtet Abschalteinrichtung bei VW T6 mit EA288-Motor und EU6-Zulassung als unzulässig

Switch-off device does not work in real driving conditions

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OLG Köln bestätigt Schadensersatzanspruch beim VW T5

Compensation even without an official KBA recall

Rogert & Ulbrich recommends

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BGH bestätigt nun auch Differenzansprüche nach Weiterverkauf

Claim for damages does not lapse

Rogert & Ulbrich continues to advise you to file a lawsuit – have your claims examined

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Wettbewerbsstrafen gegen BMW und Volkswagen in Millionen Höhe

Antitrust violation – The technology of AdBlue tanks was not fully exploited

Adblue strategy also installed in EA288 diesel engines

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