Illegale Abschalteinrichtungen im "Bulli": Urteil zum VW T5

Judgment of the Essen Regional Court on the VW T5.

As the only VW diesel with the scandalous EA189 engine, the “Bulli” is not to be emissions scandal However, expert assessments and court decisions dismiss this claim, which Volkswagen stubbornly clings to, as a fairy tale. This is also confirmed by a recent ruling that we obtained from the Essen Regional Court: The car manufacturer must pay damages to the buyer of a T5.

In 1949, Volkswagen brought a real cult car onto the road with the minibus affectionately known as the “Bulli”. Its successor, the T5, built between 2009 and 2016, still inspires a large fan base today – if it weren’t for the diesel engine. The Wolfsburg-based carmaker installed the EA189 in the van – the scandal engine that emissions scandall got things rolling in 2015.
Nevertheless, Volkswagen still vehemently denies that the T5 is affected by the diesel emissions scandal: no illegal switch-off devices are installed in the engine. Therefore, the T5 is not included in the Volkswagen database of VW models with impermissible shutdown devices In addition, there has been no official recall by the Federal Motor Transport Authority (KBA) due to illegal software manipulation, according to the car manufacturer's justification. Buyers of T5 vehicles were therefore not entitled to participate in the model declaratory action.

Nitrogen emissions exceed the permissible limits by 5.5 times

At the end of January 2020, the KBA ordered around 30,000 VW T5 and T6 to be taken to the workshops (code 37L8). Models with 103 kW engines and DQ automatic transmissions were affected. The recall was not justified by an impermissible switch-off device, but by a "conformity deviation". This has led to the affected vehicles significantly exceeding the limit values for nitrogen emissions. According to measurements by the German Environmental Aid (DUH) NOx levels were up to 5.5 times higher than permitted.

Invalid cycle detection in EA 189 but not in T5?

Although Volkswagen admitted that a "test bench optimizing switching logic", i.e. cycle recognition, is used in the EA 189, but the company claims that this illegal switch-off device is not used in the EA 189 engine of the T5. The emissions control system works on the road and on the test bench "with the same effectiveness". Buyers of T5 diesels have therefore suffered no damage. Moreover, legally defined limits for nitrogen emissions do not refer to real operation, but only to the test bench.
So are there different versions of the EA 189 diesel engine - with and without illegal switch-off devices? Why did Volkswagen then only install the supposedly "clean" version without cycle recognition in the T5 and not in all diesel vehicles?

Adventurous argumentation also in court

Volkswagen's adventurous argument raises many questions and defies all logic. Nevertheless, the car manufacturer also put forward it in the proceedings concerning a T5 before the Essen Regional Court.
Our client had purchased her VW Multivan 2.0 TDI with manual transmission (therefore not affected by the KBA recall 2020) in February 2012 as a used car for 34,980 euros. Her claim for damages against Volkswagen justified it with two illegal shutdown devices in the EA 189 engine: a cycle detection and a thermal window. Finally, the vehicle's on-board diagnostics were also faulty, as they did not inform about the manipulation of the exhaust system or the increased nitrogen oxide emissions.

Essen Regional Court: Illegal switch-off device also in the T5

The Essen Regional Court ruled in favour of the “Bulli” buyer. The court considered it proven that the vehicle contained a cycle detection is effective: "An exhaust gas recirculation system that functions differently on the test bench and on the road is legally classified as a direct technical influence on the emissions control system."

Whether the KBA recall occurs is not legally relevant

The court assumed that the engine control in the EA189 was identical in all vehicles of the Volkswagen Group, including the T5. It therefore made no difference whether the vehicle appeared in the Volkswagen database of the affected models or not. The judge was also not concerned about the classification of the vehicle as an inadmissible switch-off device by the Federal Motor Transport Authority.

compensation for immoral damage

"The "T5 case" shows once again the hair-raising arguments Volkswagen is still using to try to cover up its illegal diesel shenanigans. The car company has already failed in a similar case that we brought before the Heidelberg Regional Court. The current ruling by the Essen Regional Court shows once again that Volkswagen should finally live up to its responsibility in the emissions scandal and make appropriate compensation offers to the customers who have been harmed."

Partner Dr. Marco Rogert