29.10.2020 – 08:59
Dr. Hartung Rechtsanwaltsgesellschaft mbH
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MönchengladbachMönchengladbach (ots)
The Hagen district court brought Volkswagen AG the next bitter defeat in Dieselgate 2.0. Once again, the car manufacturer was convicted of manipulating the exhaust gas on the EA288 scandalous engine for intentional immoral damage in accordance with Section 826 of the German Civil Code. The recent verdict shows that Dieselgate 2.0 is still at the beginning, while Dieselgate 1.0 is also far from over.
VW Dieselgate 2.0 is in full swing: Now the district court of Hagen (judgment of 11.08.2020, Az .: 3 O 134/19) has sentenced Volkswagen AG to take back a VW T6 (“Bulli”) with the scandalous engine EA288 and Pay damages. According to the decision, the EA288, the successor to the EA189, has two technologies for reducing nitrogen oxide (NOx) emissions in the form of an SCR catalytic converter operated with Ad-Blue and exhaust gas recirculation. This is reduced at a temperature of at least + 15 ° C and lower, with a significant reduction in any case at a temperature of + 10 ° C (so-called “thermal window”). The aggrieved consumer bought the car again in 2015 and has now received 39,853.04 euros plus interest of four percent per year since May 13, 2020. The costs of the legal dispute are borne by the defendant, who has been convicted of willful immoral harm.
“The recent judgment shows that the VW Dieselgate 2.0 is still in its infancy, while Dieselgate 1.0 is also far from over. More and more courts are condemning Volkswagen AG for the manipulation of the supposedly clean EA288 because of deliberate immoral damage according to § 826 BGB and award high compensation payments to the injured party. The Hagen district court was also not convinced that the thermal window at issue was necessary to protect components against the so-called risk of sooting, as Volkswagen AG claims. This even has to do with the secondary burden of proof not submitted that the risk of sooting could be prevented by other technical measures – regardless of whether these would be economically significantly more expensive “, says the Mönchengladbach lawyer Dr. Gerrit W. Hartung from the Dr. Hartung Rechtsanwaltsgesellschaft mbH (www.hartung-rechtsanwaelte.de). The law firm deals exclusively with investor and consumer protection issues and specializes in advising those affected by the emissions scandal. Dr. Gerrit W. Hartung is considered a “diesel lawyer” from the very beginning.
The court continues: “The deception served, other motives are in any case not evident, only the purpose, to reduce costs and possibly also to circumvent technical problems in the development of a legally and technically flawless, but more expensive solution of the exhaust gas purification formally the requirements for the To fulfill the type approval and with the help of this manipulation to be able to publish environmentally friendly test reports in order to gain corresponding competitive advantages. Even this pursuit of profit at the price of deliberate deception and disadvantage of authorities on the one hand and customers on the other gives the actions of the defendant a character of immorality. ”
“The verdict comes at absolutely inopportune time for Volkswagen AG, as the group is currently trying to satisfy individual plaintiffs in the diesel scandal with comparative offers and to make consumer lawyers bad in an advertising campaign.” On its website, the automaker wants to explain to those affected that there is no chance of success a claim for damages against VW for vehicles with the EA288 engine. It is said, for example, that plaintiff’s lawyers lose their litigation ‘over 99 percent’ and that there is no claim to compensation. With these false claims, Volkswagen AG wants to prevent millions of consumers who have suffered damage from taking action against the group as part of Dieselgate 2.0, “emphasizes lawyer Dr. Gerrit W. Hartung.
Consumers who have suffered harm should not be driven crazy or put off by this. “With the current VW Dieselgate 2.0 we are talking about many more millions of vehicles. VW engines with the code EA288 can be found in numerous series of all brands of the Volkswagen Group. The diesel engines are available in almost every diesel vehicle as 1.4 TDI, 1.6 TDI or 2.0 TDI has been built across the board since 2015. The damage runs into the billions and can overshadow the dimensions that we know from the first scandalous engine EA189, “says lawyer Dr. Gerrit W. Hartung. The Dr. Hartung Rechtsanwaltsgesellschaft mbH has set up a special website for the new EA288 topic and lists all models from Audi, VW, Seat and Skoda that are affected by the VW EA288 emissions scandal. The list is below www.hartung-rechtsanwaelte.de/vw-dieselskandal-ea288 freely accessible.
Press contact:
Dr. Hartung Rechtsanwaltsgesellschaft mbH
Dr. Gerrit W. Hartung
Humboldtstrasse 63
41061 Mönchengladbach
Telephone: 02161 68456-0
Email: [email protected]
Internet: www.hartung-rechtsanwaelte.de
Original content by: Dr. Hartung Rechtsanwaltsgesellschaft mbH, transmitted by news aktuell
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