The diesel scandal leaves the Volkswagen-Group can’t get rid of: Many diesel models from the group brands AudiAccording to the Schleswig-Holstein Administrative Court, VW and Seat are still equipped with inadmissible shutdown devices. On Wednesday, the court upheld a lawsuit brought by Deutsche Umwelthilfe (DUH) against the Federal Motor Transport Authority in the first instance (ref. 3 A 332/20).
The office had given approval to 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 so, as the DUH said and as the court has now confirmed. According to the court, the authority must now take “appropriate measures” and, for example, arrange for the vehicles to be recalled.
In the Chamber’s opinion, so-called thermal windows, among other things, are impermissible shutdown devices. They should therefore not have been approved by the KBA.
Hope for compensation
The affected vehicles come through the so-called thermal window, especially at low temperatures, such as those currently in Germany prevail, an unacceptable number of pollutants are released. According to lawyer Claus Goldenstein from the law firm of the same name in Berlin, anyone who has had one of the software updates in question installed on their vehicle or purchased a vehicle with the update used can assert claims for damages based on case law. “With this verdict, the VW emissions scandal begins again,” he says.
Volkswagen is apparently aware of the problems: in a written customer information that must be signed before every purchase from a VW Group dealer, Volkswagen has been pointing this out for months
that the vehicle in question contains one or more defeat devices that could be declared inadmissible. VW also states in the paper that the affected vehicles will be recalled, suffer significant losses in value and, in the worst case, could even be completely shut down.
“In this way, VW is trying to no longer be held liable in the matter,” says lawyer Goldenstein, who himself represents customers suing Volkswagen. He advises potential buyers not to sign the papers.