Victory for a Tyrolean against VW: At the Innsbruck Regional Court, a camper owner was awarded damages for the first time due to an impermissible exhaust gas purification system. The judgment is not final.
The Tyrolean bought the California Beach Diesel 2.0 TDI, used in Salzburg in 2017, for 50,500 euros; the new value of these vehicles often exceeds the limit of 100,000 euros.
Many problems after the update
In the aftermath of the ’emissions scandal’, the buyer voluntarily had a software update installed and consumption is said to have increased from about six to nine liters. There would also be jerky movements when reversing and warning indicators were illuminated.
The man sued Volkswagen AG for restitution and possible damages resulting from the unauthorized emissions control system. Allegation: The defendant VW AG was aware of the defects at the time of typing, but refused to install a second so-called SCR catalyst to reduce the pollutants.
Limitation period and no damage intended?
The other party argued that the exhaust gas purification works between minus 15 degrees and a maximum of plus 42 degrees and that it was not the intention to cause damage. The case has also expired. There was also no loss of value.
Narrative: VW spoke out against measuring actual emission values during the negotiations. An expert emphasized that reliable information was therefore not possible.
Lawyer Martin Moser, who specializes in ‘exhaust gas cases’ and represents the plaintiff: ‘In fact, when measuring under type conditions, it is almost always clear that the exhaust gas values are massively exceeded despite updates. Too much nitrogen oxide is being emitted and legal compliance is not being achieved!”
Requirements also for older vehicles
According to the lawyer from Innsbruck, compensation is therefore due, including interest, which amounted to approximately 57,000 euros. “Compensation is also possible if the vehicles often have several hundreds of thousands of kilometers on the odometer and are sometimes up to ten years old,” Moser emphasizes. Because it is now clear that car manufacturers have no longer sold the state-of-the-art (second catalyst) for exhaust gas purification since 2015 at the latest.
The Tyrolean appealed because the compensation was too low
The judgment is not final. It is still unclear whether VW will appeal. Moser emphasizes: “But an appeal is being filed against us because the amount is too low for us due to the increase in value of the used VW buses.” The vehicle is still an ‘environmental bomb’ and is actually unregisterable, so the classification is illegal. Moser advises RV owners to learn more about their business.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
