Lawyers against the exhaust gas scandal
Are you affected and want compensation? We check your claims and enforce them against Audi, VW & Co.!
VW, Audi, Porsche, Daimler and Co. have over 2,6 million German diesel vehicles with an automatic Shutdown device Mistake. The diesel vehicles are manipulated by adapting the engine control software. Based on certain parameters, this recognizes whether a vehicle is currently on the test bench. When the control unit detects a test bench, it activates a different engine map. This engine map ensures that the values are embellished on the test bench.
In everyday use, however, the engine control unit uses a different map. This uses, for example, the catalysts only partially and thus produces more pollutant emissions. But why do VW, Audi and Co. do something like that? The answer is simple: (on paper) more power, less soot and less AdBlue consumption.
Contrary to the opinion of many courts, a car is already affected by the emissions scandal when there are tangible indications for the use of an impermissible defeat device! This is how the Cologne Higher Regional Court ruled with its decision of March 12.03.2020, 3 (Az .: 55 U 19/XNUMX). In plain language, this means that you or your legal representative should not give up "just" because there is no official notification from the Federal Motor Transport Authority.
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Here you will find our latest articles on the topic.
|Volkswagen AG||Daimler AG||BMW||Opel||Subaru|
|emission classes||EURO 4, EURO 5, EURO 6||EURO 5, EURO 6||EURO 6||EURO 6||EURO 6|
|Engine models and engines||EA 189, EA 897
1.2, 1.6, 2.0, 3.0, 4.2 l cubic capacity
|OM 622, 626, 642, 651
1.6, 1.8, 2.1, 2.2, 3.0 l cubic capacity
|3.0 l displacement||1.6, 2.0 l displacement||2.0 l displacement|
|Models||VW Golf, Polo and Passat models, Sharan I and II, Touareg, various Audi models, Porsche Cayenne, Macan, Panamera, Skoda Fabia, Rapid, Roomster, Octavia, Yeti, Seat Alhambra, Altea, Leon II Caddy, Amarok||including various Daimler models, eg. C, E, S, ML, GLC, GLK models||750, M550||Insignia, Zafira, Cascada||Forester, Legacy, Outback, XV|
Are you affected and want compensation? Then use our free and fast online calculator.
If you have an affected car, these are very good! Our law firm has already won numerous judgments before regional courts from all over Germany for our clients. This VW, Audi, BMW, Opel and Co. are regularly sentenced to take back the affected car and to pay compensation.
If you are insured for legal expenses, the legal expenses insurance covers the costs of the procedure. We take care of a cover request with your legal expenses insurance and coordinate all measures with you. Of course, if you do not have any legal expenses insurance, we will help you in these cases as well.
Of course, before any action is taken which causes costs, we will of course vote with you! So we can also run your process with a litigation financier that will free you from the costs involved.
Yes! We strongly advise you to act as soon as possible. In the case of the makes of Audi, VW, Skoda, SEAT and Porsche in particular, the recall took place in 2016. This means that most claims against the brands of the VW Group will expire on December 31.12.2019, XNUMX. This means that after this date you hardly have any chance of receiving your compensation from the VW Group. Only if you file an action now can you delay this deadline!
We represent consumers nationwide in exhaust gas processes, but especially at our offices in Regensburg, Landshut, Munich and Erfurt. At the regional courts of Regensburg, Landshut, Munich and Erfurt, which are responsible for this, we therefore know exactly the characteristics of these courts and know what to look out for with which judge. This is often a decisive factor because, for example, even within the regional court of Regensburg, Landshut, Munich or Erfurt, the judges' views differ. In this respect, you should trust our experience at these courts and the associated appeal bodies (OLG Munich and OLG Nuremberg).
For example, declaratory motions against VW are consistently rejected as inadmissible at the Regional Court of Regensburg, since Regensburg is of the opinion that a performance action against VW for repayment of the purchase price takes precedence over a declaratory action. The regional courts of Regensburg, Landshut, Munich or Erfurt also always rule in the proceedings that end in favor of the buyer that the buyer must deduct a compensation for use. For example, this is sometimes not the case before the Augsburg Regional Court. This knowledge of the respective special features should be used! So benefit from our special experience!
The costs are initially covered by your legal expenses insurance. We take care of the correspondence with your legal expenses insurance to ensure that the procedure remains free of charge for you.
We first discuss with you personally at one of our offices in Regensburg or Landshut or by phone your case. Although the facts in exhaust emissions cases are always identical, the legal circumstances in the details are very different. A good lawyer pays attention to these subtleties! Therefore, a "model claim according to scheme F" is prohibited.
The first instance litigation ends - unless a settlement has already been reached in the first instance - with a judgment by the regional court. Regardless of whether VW, Daimler or another manufacturer is defeated, an appeal is regularly lodged against the regional court ruling. This means that the proceedings at the Higher Regional Court will continue.
Appeals courts are regularly the higher regional courts. The appeal is filed by the one who lost in the first instance. The manufacturers VW, Audi, Skoda and Co. appeal in most of the lost cases. Nonetheless, there has rarely been an appeal verdict so far. The background to this is that VW often appeals to the plaintiff on appeal.
The contents of the comparisons differ depending on whether the buyer wants to keep or return the vehicle. It is therefore always important to discuss the various options before comparing with the buyer in order to be able to choose the best possible negotiation strategy.
Yes, you can change the office at any time. For example, if you would like to change from another law firm to us, this is possible at any time. It is only necessary to pay attention to this after consulting the legal expenses insurance. We gladly take over this for you and also support you to terminate the mandate with the previous law firm.
The Karlsruhe Higher Regional Court (OLG) appealed to three plaintiffs in whose diesel vehicles illegal defeat devices were installed. You are entitled to a replacement vehicle. VW has already announced a revision against the verdict at the BGH.
Daimler admits that even some engines of the C, E and S classes could be affected by the exhaust gas scandal.
The diesel scandal is also expensive for the VW subsidiary Porsche. The prosecutor Stuttgart has agreed with Porsche on a penalty payment of 535 million euros. This ends the administrative offense procedure. However, this does not have any influence on claims for back-handling in the exhaust gas scandal!
The prosecutor Braunschweig charges in the context of the exhaust gas scandal indictment against Martin Winterkorn and four other executives of the VW Group. The allegations include, inter alia, a serious case of fraud and an infringement of unfair competition.
Despite a previous comparison between the VW dealer and a customer, the Federal Supreme Court (Az. VIII ZR 225/17) commented on the emissions scandal. In it he emphasized that the illegal defeat device from VW, which the group installed in many of its diesel vehicles, represents a material defect within the meaning of Section 434 (1) sentence 2 no. 2 BGB.
Even the car company BMW is officially affected by the emissions scandal with its M550d and 750d models. In the context of these revelations, also the public prosecutor's office Munich I took up their investigations. However, a fraud according to § 263 StGB could not be proved here. Thus, BMW was offered a fine in the amount of 8,5 million euros, which the Group has already accepted. Thus the investigations are (for the time being) finished.