VW Abgasskandal - Verbraucherschutz Blog - R&U

Mögliche Datenschutzverstöße bei VW: Betroffene könnten Anspruch auf Schadenersatz haben

Marco Rogert — Fri, 10 Jan 2025 09:44:40 +0000

A recent data breach at Volkswagen, in which data from 800,000 electric vehicles, including movement profiles and personal information, was exposed online without security, raises serious questions about the company's compliance with the General Data Protection Regulation (GDPR) and its IT security measures. A thorough investigation into the case is being called for to assert the rights of those affected.

The disclosure of location data and personal details such as email addresses and phone numbers highlights a worrying weakness in security measures. It is both legally and ethically imperative to protect such information, especially when it provides deep insights into individuals' private lives.

Support with data protection issues

We offer affected vehicle owners comprehensive support in enforcing their data protection rights. Our services include:

Support in the deletion of personal data: We help with the claim to the “right to be forgotten” under Article 17 GDPR.
Requests for information in accordance with Article 15 GDPR: We determine which personal data has been stored and how it has been used.
Review of legal options: This includes examining the possibilities for a class action declaratory judgment or individual claims for damages.
Assertion of claims for damages: In case of financial or immaterial damages caused by unprotected data publication.

Data breach at VW: Legal steps and increased security requirements

The data leak could give rise to claims against subsidiaries such as VW Financial Services and VW Bank. Volkswagen Bank GmbH is a wholly owned subsidiary of Volkswagen Financial Services AG.

The disclosure of customer data provides criminals with the opportunity to launch phishing emails or other fraudulent activities. Customers who suffer financial losses as a result may have the right to claim compensation.

The potential dangers of phishing attacks or identity theft associated with VW Financial Services and VW Bank data are serious. It is imperative that companies treat the security of customer data as a top priority.

Demand for stricter data protection standards It also calls on companies to improve data protection and IT security standards. The push toward electric vehicles and advanced connected technologies should not compromise user privacy. Manufacturers must ensure that personal data is not only collected legally but also comprehensively protected.

Need for action at the political level This incident highlights the need for strict enforcement of regulatory requirements such as the upcoming EU Data Act. Manufacturers should be expected to provide consumers with clear and secure data management. Data protection should be an integral part of modern mobility.

Free initial assessment

Those affected can contact specialist lawyers for a non-binding initial assessment of their legal options. The goal is to take the necessary steps under data protection and civil law together with the affected parties.

Der Beitrag Mögliche Datenschutzverstöße bei VW: Betroffene könnten Anspruch auf Schadenersatz haben erschien zuerst auf R&U.

Abgasskandal 2024: Klage gegen Kraftfahrt Bundesamt

Stefan Selge — Tue, 05 Mar 2024 08:50:15 +0000

Schleswig Administrative Court: Environmental Aid attacks authority for questionable approval of software updates

The German Environmental Aid (DUH) has again successfully sued the Federal Motor Transport Authority (KBA) before the Schleswig Administrative Court (case no. 3 A 332/20). The DUH is demanding the annulment of approval notices that the KBA has issued in the past for software updates. These updates were approved in order to correct inadmissible exhaust gas purification switch-off devices on certain diesel engines. The court ruled in favor of the DUH and thus upheld its claim.

Chamber considers thermal windows to be inadmissible

The court's chamber considers so-called thermal windows in particular to be inadmissible defeat devices that the KBA should not have approved. The car manufacturers Volkswagen, Audi and Seat, which belong to the Volkswagen Group, were involved in the hearing. The decision affects 62 older models of various brands of the Volkswagen Group. The chamber chairman emphasized that defeat devices are only permissible if they directly prevent damage to the engine. This was not the case in this case.

DUH urges action

The German Environmental Aid (DUH) is urging the Federal Motor Transport Authority (KBA) to finally take action. DUH Federal Managing Director Jürgen Resch describes the ruling as a clear defeat for Federal Transport Minister Wissing and the KBA under his leadership. He stresses that by switching off proper exhaust gas purification in millions of diesel vehicles, "millions of people in our cities would be unnecessarily exposed to high, extremely harmful nitrogen dioxide concentrations."

dispute over thermal windows

The long-standing dispute between environmentalists and car manufacturers revolves primarily around thermal windows. This software reduces the cleaning of exhaust gases, especially at lower temperatures, which causes vehicles to emit more pollutants.

legal remedy announced

About a year ago, this court dealt with a similar case and essentially ruled in favor of Deutsche Umwelthilfe (DUH). At the time, the lawsuit concerned older models of the VW Golf with the same engine type (judgment of February 20, 2022, case number 3 A 113/18). This judgment is not yet final. Both the Federal Motor Transport Authority (KBA) and Volkswagen have appealed to the Schleswig-Holstein Higher Administrative Court (OVG) in Schleswig.

Volkswagen has announced that it will also appeal against the current ruling. In addition to the appeal to the Higher Administrative Court, the Administrative Court has allowed an appeal to the Federal Administrative Court due to the fundamental importance of the legal case.

R&U Rechtsanwälte recommend

This case clearly underlines that the emissions scandal is far from being fully resolved. We therefore recommend that you have your situation reviewed by our experienced R&U lawyers to determine whether you are affected by the diesel emissions scandal and are entitled to compensation. Benefit from our many years of expertise as a leading law firm in the field of the diesel complex and receive free advice by telephone.

Der Beitrag Abgasskandal 2024: Klage gegen Kraftfahrt Bundesamt erschien zuerst auf R&U.

„Premium“ Dieselskandal: Neue Entscheidung zu 3-Liter-V6-Motor

Marco Rogert — Tue, 17 May 2022 06:50:17 +0000

The Higher Regional Court (OLG) Celle rejected VW AG's appeal by decision of May 13, 2022 (decision of May 13, 2022, ref. 7 U 791/21). The Regional Court (LG) Hildesheim had previously awarded a plaintiff represented by us damages in the amount of € 34,912 against return of the vehicle (Judgment of 02.07.2021, Ref. No. 5 O 206/20)The vehicle in question is a VW Touareg 3.0 TDI with the emission class Euro-6. The vehicle has the engine V6 3.0 TDI. The plaintiff had purchased the VW Touareg for a purchase price of €40,990. At the time of purchase, the vehicle had a mileage of 55,362 km. On October 13, 2020, the mileage was 84,770 km.

VW AG also guilty regarding V6 3.0 TDI engine

VW AG is guilty of deception not only with the EA 189 diesel engine it developed and produced, but also with regard to the V6 3.0 TDI engine manufactured by Audi AG. This engine was also installed in the VW Touareg in question.

The Audi AG-manufactured V6 3.0 TDI engine was able to, as was the one developed and manufactured by VW AG diesel engine EA 189, the prescribed exhaust emissions in the type approval procedure only comply with the test bench and not in real road use. To ensure compliance with the exhaust emissions on the test bench, software was developed that recognizes the roller test bench based on various parameters and controls the engine function accordingly. The Hildesheim Regional Court had already determined that the engine type in question was equipped with an inadmissible switch-off device intended to deceive.

The fact that VW AG has now been found guilty of the V6 3.0 TDI engine produced by Audi AG is a further step forward in the diesel emissions scandal. VW AG has now also been convicted as a vehicle manufacturer. The engine type in question was deliberately installed by VW in order to deceive the Federal Motor Transport Authority (KBA) and buyers. It does not matter that Audi AG produced the V6 3.0 TDI engine.

Rogert & Ulbrich recommends

Since 2007, we have been fighting on behalf of consumers against large corporations nationwide. Through our own law firm database enables us to identify the optimal litigation strategy with the best prospects of success. Our initial consultation is free and non-binding. Get advice without obligation.

Rekordpreise für Diesel- Jetzt erst RECHT Auto rückabwickeln

Marco Rogert — Fri, 11 Mar 2022 11:52:00 +0000

Diesel is at a record high in Germany and petrol is also approaching a record high. The ever-increasing price of crude oil is having an impact on consumers. A litre of diesel has never been as expensive in Germany as it is now. Drivers, and currently diesel drivers in particular, have to dig deep into their pockets to fill up. We at Rogert and Ulbrich say: “Now it’s time” – reversing your diesel vehicle is more attractive than ever before.

Why is filling up so expensive? And why is the price of diesel so high? The price at the filling station is closely linked to the development of the oil price - and it is currently particularly high. This is due, among other things, to the fact that oil production is not running at full speed due to current events and that high demand is currently meeting a shortage of supply.

Diesel price overtakes gasoline price

The "diesel emissions scandal", which has been public knowledge since 2015, is far from over in legal terms - on the contrary! Ever new findings regarding further manipulation by car manufacturers, especially with current engines and vehicle models, ensure that more and more victims are demanding compensation from the manufacturers or dealers.

Rogert & Ulbrich recommends

The law firm, which has been in existence for 15 yearsRogert & Ulbrichhas made it its mission to fight on behalf of injured consumers nationwide. The broad team of lawyers and business lawyers not only helped within the framework of the emissions scandal has already compensated thousands of defrauded customers for damages and has thus made a valuable contribution to achieving justice. Our initial consultation is free and non-binding. Get advice without obligation.

OLG Düsseldorf: Haftung der VW AG bei EA897

Marco Rogert — Wed, 02 Mar 2022 07:49:53 +0000

The Higher Regional Court (OLG) Düsseldorf ordered VW AG to withdraw a VW Touareg (with V6 engine) and damages in the amount of € 41,897 (judgment of February 21, 2022, ref. I-9 U 63/20). The plaintiff we represent had purchased the vehicle with the Euro 6 emissions class as a new car for a purchase price of € 65,750. He financed the vehicle with a loan from Volkswagen Bank, which has since been fully repaid. At the time of the oral hearing before the Senate, the VW Touareg had a mileage of 128,966.

The OLG sees the obstruction of the engine type EA897 as was the case with the EA189 engine an immoral act by VW AG. The deception therefore fits seamlessly into the scandal of the VW Group, which became known in 2015 with the engine type EA189.

VW AG is liable for V6 engine produced by Audi AG

Because VW AG itself has assumed responsibility for the EA897 engine and thus also for the absence unauthorized shutdown devices, it cannot withdraw by saying that the engine in question is not its own. The 3-litre V6 and 4.2-litre V8 diesel engines were produced by Audi AG, but VW AG explicitly identified itself as the manufacturer in the EC declaration of conformity. This is especially true since it had already tampered with the EA189 engine type. The presence of further illegal defeat devices in other diesel engines of the VW Group is therefore not a mere coincidence.

The Higher Regional Court sees the deception of putting vehicles with manipulated EA897 engines into circulation as an attempt to achieve higher profits by saving costs.

Rogert & Ulbrich recommends

BGH bejaht Restschadensersatzanspruch trotz Verjährung

Marco Rogert — Tue, 22 Feb 2022 08:22:37 +0000

On 21.02.2022, the Federal Court of Justice ruled (VIa ZR 8/21; VIa ZR 57/21)that buyers of a new car who are affected by the so-called diesel scandal and whose claim has expired under Section 826 of the German Civil Code (BGB) are entitled to residual compensation under Section 852 of the German Civil Code (BGB).

The two cases concerned a VW Golf Cabrio (VIa ZR 8/21) with a purchase price of EUR 30,213 and a VW EOS 2.0 l TDI (VIa ZR 57/21) with a purchase price of EUR 36,189. The purchase of both vehicles was a new cars with a diesel engine of EA 189 seriesBoth vehicles have been equipped with software that detects whether the vehicle is on the test bench or not and switches to the appropriate exhaust gas recirculation modes.

Residual damages claim applies up to 10 years after purchase

The remaining claim for damages is valid for up to 10 years after the purchase of a new car. It is intended to deprive the person who caused the damage of the enrichment that he was able to achieve through his illegal actions, despite the statute of limitations on the main claim.

This means that those affected who purchased their car in 2012 and later could benefit from this decision and still compensation According to the BGH, this is calculated in the same way as in the case of a rescission of the contract for intentional immoral damage, so that plaintiffs only have to offset compensation for use against the purchase price.

Rogert & Ulbrich: Recommendation for residual damages claims

We at Rogert & Ulbrich recommend having your claims reviewed. Even if you think your claims have expired, it may be worth having them reviewed again. Our initial consultation is free and non-binding. We have already won numerous judgments for our plaintiffs and have been involved in the diesel emissions scandal since the beginning. Get advice without obligation.

VTDI-Abgasskandal rund um VW, Audi und Porsche

Marco Rogert — Thu, 13 Jan 2022 12:52:14 +0000

For many German car manufacturers, the diesel emissions scandal is still omnipresent, including the VW Group around the subsidiary brands Audi and PorscheAfter the Federal Motor Transport Authority (KBA) announced on its website at the beginning of 2018 that several illegal switch-off devices had been found in vehicles with a 3l or 4.2l VTDI engine As far as I could tell, some owners of affected vehicles were only informed about this in 2019 with an “individual” letter. The result: A mandatory recall in the form of a (mandatory) software updateAnyone who fails to comply with the manufacturer's request risks having the affected vehicle taken out of service by the local registration authority.

Another consequence of the letters sent to vehicle owners in 2019 could now be that any claims for damages against the manufacturers of affected vehicles could become time-barred at the end of this year. Anyone who still wants to assert their claim for damages should definitely do so this year.

Numerous judgments have already been won against VW, Audi and Porsche

In the past, we have succeeded in a number of positive judgments Claims for damages of up to €50,000 and more were enforced not only against the VW subsidiaries Audi and Porsche, but also against the parent company Volkswagen.

Among other things, we were able to obtain damages of over €72,000 for our client before the Berlin Regional Court (case no. 7 O 118/19). The subject of the dispute was a Porsche Macan S 3.0 TDI, in which the illegal switch-off devices identified by the KBA were installed. Before the Ingolstadt Regional Court (case no. 43 O 741/19), we were also able to obtain damages of over €68,000 from Audi AG for an affected Audi A6 3.0 BiTurbo. We were also recently able to obtain damages of over €49,000 from Volkswagen AG for a VW Touareg 3.0 TDI before the Bonn Regional Court (case no. 2 O 246/21). According to the judge's statements, the fact that Audi AG is responsible for the manufacture of the VTDI engines does not exclude a claim for damages against Volkswagen AG according to the plaintiff's submission.

Federal Court of Justice also grants claim for reduced value

Another possibility for compensation is the so-called "small damages". In its ruling of July 6, 2021 (case number VI ZR 40/20), the Federal Court of Justice (BGH) ruled that instead of reversing the transaction, injured buyers of affected vehicles can also claim the reduced value caused by the inadmissible switch-off devices, i.e. the so-called "small damages". The advantage: affected vehicle owners can keep their vehicle and still be compensated. The amount by which the value of the vehicle has been reduced can be estimated without an expensive appraisal, for example based on a percentage of the purchase price.

Rogert & Ulbrich recommends

Do you drive an affected VW, Audi or Porsche and have received a recall letter from the manufacturer in 2019? Then you should act quickly, especially in view of the impending statute of limitations, andchances of successhave us check it.Current case law also shows that your chances have never been better.Prevent your potential claims for damages from becoming time-barred and let us examine them free of charge and without obligation.

VW Abgasskandal - Verbraucherschutz Blog - R&U

Mögliche Datenschutzverstöße bei VW: Betroffene könnten Anspruch auf Schadenersatz haben

Support with data protection issues

Data breach at VW: Legal steps and increased security requirements

Free initial assessment

Abgasskandal 2024: Klage gegen Kraftfahrt Bundesamt

Schleswig Administrative Court: Environmental Aid attacks authority for questionable approval of software updates

Chamber considers thermal windows to be inadmissible

DUH urges action

dispute over thermal windows

legal remedy announced

R&U Rechtsanwälte recommend

„Premium“ Dieselskandal: Neue Entscheidung zu 3-Liter-V6-Motor

VW AG also guilty regarding V6 3.0 TDI engine

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Rekordpreise für Diesel- Jetzt erst RECHT Auto rückabwickeln

Diesel price overtakes gasoline price

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OLG Düsseldorf: Haftung der VW AG bei EA897

VW AG is liable for V6 engine produced by Audi AG

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BGH bejaht Restschadensersatzanspruch trotz Verjährung

Residual damages claim applies up to 10 years after purchase

Rogert & Ulbrich: Recommendation for residual damages claims

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VTDI-Abgasskandal rund um VW, Audi und Porsche

Numerous judgments have already been won against VW, Audi and Porsche

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