Millions of diesel engines are threatened with recall
The ECJ recently decided in one case on the emissions scandal. The judgment is also of great relevance for German diesels.
This is how the ECJ decides
Hammer judgment on the exhaust scandal
In its judgment of December 17.12.2020, 693 in case C-19/XNUMX, the ECJ clarifies:
"A manufacturer may not install a defeat device that systematically improves the performance of the vehicle emissions control system during the approval process in order to achieve approval"
As a result, this means the end for many defeat devices. Most car manufacturers use these systems in order to artificially "improve" vehicle emissions during approval procedures (e.g. before the KBA). The manufacturers are extremely creative in order to deceive the test benches of the authorities. For example, Daimler lost in the second instance before the OLG Cologne. The manufacturer immediately used a whole "shutdown strategy" to illegally register its vehicles.
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Thermal window: when cleaning depends on chance
Not only the VW group to its subsidiary brands too Audi, Porsche, Skoda, Seat and Co. rely on this defeat device. Also Daimler, Subaru and much more. have made the concept of trickery their own. A software regulates the exhaust gas cleaning depending on the outside temperature. Exhaust gas cleaning is severely restricted or completely switched off at outside temperatures below 15 degrees Celsius. Since the average temperature in Germany is an average of 10,2 degrees Celsius (source: https://de.statista.com/statistik/daten/studie/914891/umfrage/ Average Temperatur-in-deutschland/) one can imagine how the engines are very damaging to our environment.
The automotive industry, on the other hand, happily argues that it is legal to switch off exhaust gas cleaning at normal temperatures. In doing so, the manufacturers refer to the exception rule from Art. 5 Para. 2 of EU Regulation 715/2007. According to this, defeat devices are permitted "as an exception" if they are necessary to protect the engine from damage. However, they are not permitted in order to simply nullify admission requirements. The ECJ has now made this clear. So he explains:
"It can be concluded from this that a defeat device that systematically improves the performance of the system for controlling emissions from vehicles during the approval process so that the emission limit values specified in the regulation are complied with and the approval of these vehicles is achieved, does not come under the exception of the The prohibition of such devices set out in the ordinance can fall, even if the device helps to prevent wear or contamination of the engine. "
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Our law firm has been representing clients in the emissions scandal for several years. We know exactly which tactics the manufacturers are pursuing and adapt our strategies if we notice changes in other processes.
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Ask & Answers to the emissions scandal
I have received a letter from KBA - how should I do?
If you have received a letter from the KBA (Federal Motor Transport Authority), you should contact our office. Because it is advisable to wait with the software update first. We will also check your case for you free of charge and without obligation and let you know whether you should install the update.
I want to defend myself against the emissions scandal - what are my chances?
Your chances of success depend largely on the time of purchase, the make, model and engine of your car. The courts judge mostly different. We would be happy to explain this to you in a free phone call.
I don't have legal expenses insurance - is it worth filing a lawsuit?
In many cases it is worth filing a lawsuit without legal expenses insurance. We also work closely with a litigation financier who acts like a kind of legal protection insurance for you. So you don't have to worry about legal fees or court costs.
I want to take action against the manufacturer - what do I have to do?
We recommend the following procedure:
- Arrange a free, no-obligation call us.
- Send us your vehicle registration document, vehicle invoice and the details of your legal protection insurance (if available).
Our lawyers will examine your case individually and will contact you. If your case is promising, we will proceed as follows:
- We carry out a coverage request with your legal protection or request coverage from our litigation financier.
- With positive feedback we write to the manufacturer and ask him to take back the defective vehicle.
- If the manufacturer then do not respond, we will submit without delay a lawsuit against this.
Do I have to return my car if I complain?
Our claim is aimed at the reversal of the purchase contract. This means that you have to return the vehicle, but receive back your purchase price minus a usage fee. However, the automobile manufacturers often try to compare each other. In this case, the comparisons stipulate that you keep the car and get a part of the purchase price refunded.
What is the usage compensation?
The compensation for use is calculated using the following formula:
Gross purchase price * driven kilometers / expectable remaining power
Example: Let's assume you drive a car with a purchase price of € 35.000. You bought this as a new car with 0 KM and have driven 100.000 KM so far. Then the calculation looks like this:
€ 35.000 * 100.000 KM / 300.000 KM = 11.666,67 €
This means you would need in an action against the manufacturer compensation for use of 11.666,67 € get credit. You get in our sample calculation so 23.333,33 € by the manufacturer back (€ 35.000,00 - 11.666,67 €).
As expectable rest mileage we put 300.000 KM based. This mileage is based on the latest rulings by the BGH and is therefore to be used as a reliable value. Some firms also accept a value of 500.000 KM or no compensation for use. This is possible (in theory), but not enforceable from our experience and frivolous.
Exhaust scandal machines
You can also use our exhaust scandal calculator to calculate your individual claim itself.
