Diesel scandal: Shutdown software is a “defect”

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The Federal court has positioned itself for the first time in the dispute to the diesel scandal. With its note resolution to the shutdown facilities it strengthens the diesel buyers in the lawsuit.

VW-Test after the new emission-testing standards WLTP

In a dispute over compensation for manipulated diesel cars from Volkswagen, the Federal court looks at the claim of a claimant as well-founded. In the case of the German Supreme civil court declared that a new car with a switch-off is device is defective and the buyer is therefore entitled to a defect-free replacement.

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This “interim legal opinion”, said the Federal court in a so-called note decision. This is no judgment, he is likely to have a significant impact on the ongoing proceedings in Germany.

According to the assessment of VW no conclusions as to the prospects of success of such lawsuits are possible. No consequence were it mounts to the prospects of success of lawsuits against Volkswagen AG, informed the automotive group in Wolfsburg on Friday. Volkswagen referred to the pattern declaratory judgment – here, the Federation of consumer organizations is suing as a representative for least about 400 000 car buyers against the car maker or the actions of the legal service provider Myright.

New car as a replacement

Last VW had sued a customer against a dealer. He asked because of the built-in Software, which is according to the German Federal motor transport authority an illegal defeat device, a new car. In the lower courts his claim was unsuccessful.

The Supreme court was now clear for the first time, that he classifies the disconnection device is currently considered a “defect”. The Federal judge reasoned that the “risk of ban” by the competent authority.

A lower court ruled “legally flawed”

The Federal judge also pointed out that, in the opinion of the appellate court in the particular case “could be faulty”. The higher regional court of Bamberg, had classified the replacement of a new car as “impossible”, because the buyer purchased a VW Tiguan of the first Generation are no longer produced.

fab/sti (afp, dpa, rtr)