A 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).
The notification decision of the Higher Regional Court Nuremberg means one extremely positive turnaround for affected vehicle owners. The odds on damages 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.
At the end...
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!