Higher Regional Court Nuremberg changes case law

Thermal window in the future impermissible shutdown device

Stephan Hendel, LL.M.

Lawyer

An severe setback for VW AG im exhaust scandal about the diesel engine EA288: The Nuremberg Higher Regional Court no longer wants to stick to its original case law and in future classify the so-called thermal window as an inadmissible defeat device. In its advisory decision of August 2.8.2021, 288, the Senate confirmed that the vehicle at issue with the EA12 diesel engine is defective (Az. 4671 U 19/XNUMX).

EA288 engine

The VW EA288 diesel engine is a series of diesel engines from VW AG with three or four cylinders that meet the EURO 6 standard. This is the successor engine of the VW EA189 (with EURO 5 standard). The EA288 is available as a 1.4 TDI, 1.6 TDI and 2.0 TDI variant Audi, Seat, Skoda and VW installed.

Nuremberg follows the European Court of Justice

The notification decision of the Higher Regional Court Nuremberg means one extremely positive turnaround for affected vehicle owners. The odds on Compensation increase for all brands that have the EA6 EURO 288 engine installed. Literally it says in the notice decision:

The Senate intends to comply with the case law of the European Court of Justice (Judgment of December 17.12.2020, 693, C-18/XNUMX), according to which a switch-off device in the context of exhaust gas recirculation is not permitted under European law. In the present case - the presence of a "thermal window" in the contested engine (type EA 288) at the time of the car handover is undisputed between the parties - the deficiency of the vehicle within the meaning of Section 434 of the German Civil Code (BGB) can be assumed.

And finally ...

You should now have your claims in the emissions scandal checked free of charge! The emissions scandal is far from over. In the case of the VW EOS, the software update for the EA189 engine alone shows that cheating is still going on here!

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2 Comments

Robert sagte:
18. August 2021 17 to: 13

I'm confused: the BGH has just determined that the thermal window (at Mercedes) alone is not enough for compensation. And now comes an OLG and claims the opposite? Or was it still about warranty?
Reply
- RA Hendel sagte:
  19. August 2021 11 to: 04
  
  As far as we know, the OLG primarily relates to warranty claims. You are absolutely right, of course, that that is Thermal window (alone) the BGH is not enough. It is, however highly questionablewhether not a whole "Shutdown strategy" is installed at Daimler. This was confirmed by the Cologne Higher Regional Court with its judgment of November 05.11.2020, 7 - 35 U 20/XNUMX.
  
  Best Regards
  Stephan hendel
  Lawyer
  Reply