VW , Audi , Porsche , Daimler , and other manufacturers have equipped over 2,6 million German diesel vehicles with an automatic defeat device . The manipulation of these diesel vehicles is achieved by modifying the engine control software. This software uses specific parameters to detect whether a vehicle is currently undergoing emissions testing. When the control unit detects a test bench, it activates a different engine map. This map ensures that the test results are falsified.
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 if there is tangible evidence of the use of an illegal defeat device! This was also the ruling of the Higher Regional Court of Cologne in its decision of March 12, 2020 (Case No.: 3 U 55/19). In plain terms, this means that you or your legal representatives should not give up "just" because there is no official notification from the Federal Motor Transport Authority.
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| Volkswagen AG | Daimler AG | BMW | Opel | Subaru | |
|---|---|---|---|---|---|
| emission classes | EURO 4, EURO 5, EURO 6 | EUR 5, EUR 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 |
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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 emissions-related legal proceedings, particularly at our offices in Regensburg, Landshut, Munich, and Erfurt. As the responsible regional courts in Regensburg, Landshut, Munich, and Erfurt, we are intimately familiar with their specific characteristics and know what to look for with each judge. This is often a crucial factor, as even within the regional courts of Regensburg, Landshut, Munich, and Erfurt, judges' opinions can differ. Therefore, you should rely on our experience at these courts and their respective appellate courts (Higher Regional Court of Munich and Higher Regional Court of Nuremberg).
For example, declaratory judgment actions against VW are uniformly dismissed as inadmissible at the Regensburg Regional Court, because the court in Regensburg holds the view that a claim for performance seeking repayment of the purchase price takes precedence over a declaratory judgment action against VW. Furthermore, the regional courts of Regensburg, Landshut, Munich, and Erfurt consistently rule in cases decided in favor of the buyer that the buyer must accept a deduction for usage. This is not always the case, for example, before the Augsburg Regional Court. This knowledge of the specific legal nuances should be utilized! Benefit from our extensive 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.
