2024-01-19 07:13:25
Car manufacturers are becoming increasingly nervous
Vienna (OTS) – The court in the Federal Republic of Germany responsible for monitoring the typing/registration of cars has annulled countless defect fixes (“software updates”) in vehicles from VW, Audi, Seat and Skoda as illegal. A milestone for the Austrian judiciary in dealing with emissions fraud for the Austrian emissions lawyer Martin J. Moser:
The diesel scandal leaves the Volkswagen-Group but also most other car manufacturers are also not getting rid of it: many diesel models from the Porsche group brands, AudiAccording to the Schleswig-Holstein Administrative Court, VW and Seat are equipped with inadmissible shutdown devices despite software updates. On Wednesday, the court upheld a lawsuit brought by Deutsche Umwelthilfe (DUH) once morest the Federal Motor Transport Authority in the first instance (ref. 3 A 332/20).
A similar procedure is already pending regarding countless Mercedes models (ref. 3 A 222/20)!
The office had approved a further 62(!) vehicle types from VW, Audi and Seat and thus also approved a software update as a sufficient improvement in connection with inadmissible defeat devices on certain diesel engines. Wrongfully, as the DUH said and as the court has now confirmed. According to the court, the authority must now take “appropriate measures” and arrange for the vehicles to be recalled (!). According to lawyer Moser’s legal opinion, the vehicles must be updated to the high Euro 6d emissions standard; this will be expensive and technically difficult! However, this is the responsibility of the car manufacturer, who has to compensate for the damage.
According to the court, among other things, so-called “thermal windows” (which lead to practically no more exhaust gas purification!) are so-called “inadmissible shutdown devices” (of the exhaust gas purification system). They should therefore never have been approved by the KBA. Therefore, in the countless proceedings conducted by Moser on behalf of injured and misled consumers throughout Austria, there is further fraud on the part of the car manufacturers – also once morest the typing authority.
Compensation for vehicle buyers:
The affected vehicles come through the so-called thermal window, especially at low temperatures, as is currently the case throughout the EU (according to the Supreme Court’s decision on 3 Ob 121/23z once morest MERCEDES, the entire EU area, including cold temperatures below zero degrees, is crucial ) there are far too many pollutants (NOx). Anyone who had one of the illegal software updates installed on their vehicle or purchased a vehicle with the update used can, according to emissions lawyer Martin J. Moser’s conviction, still be able to assert claims for damages. A German consumer lawyer recently confirmed: “With this ruling, the VW emissions scandal begins once more.” However, Austrians should not burden the German courts, but rather sue before the responsible courts in Austria.
The Volkswagen Group is very aware of the problems: only recently, in a case before a regional court, the group’s lawyer summarized the following: In a written customer information that must be signed before every purchase from a VW Group dealer, Volkswagen has already been aware of this for a long time months that the vehicle in question contains one or more defeat devices that might be declared inadmissible. VW also states in the paper that the affected vehicles can be recalled, suffer significant losses in value and, in the worst case, might even be completely shut down. Lt. Moser is of course advised not to sign such forms. Because: who buys a vehicle at the usual price that is at risk of losing registration (revocation of the license plate)? The vehicles would then at best be usable as a parts warehouse.
The car manufacturers are continuing their delaying tactics and will probably – as almost always – file legal remedies once morest the verdict.
A wave of lawsuits over fraud involving petrol engines is slowly rolling in:
The Moser law firm is now also preparing lawsuits once morest VW, Audi, etc. due to emissions fraud, including for gasoline engines. A court report on an Audi with a 2.0 liter TFSI engine is already available. The content is not surprising: the limit value for NOx is exceeded several times over. A wave of complaints from petrol engines is rolling in.
It remains to be hoped that the courts will soon recognize that in all emissions proceedings, the vehicles do not have to be returned to the car manufacturers who have caused massive damage at dumping prices, because the manufacturers will then enrich themselves once more with the possible new sales. This is possible if the courts award insufficient compensation. The EU law principle of effectiveness should actually prevent this kind of thing.
Questions & Contact:
Law firm Mag. Martin J. Moser, Innsbruck/Graz
Tel.: 0664/5008866
mail: office@moser-anwalt.at
www.abgasanwalt.at
www.moser-anwalt.at
1705648534
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