Court ruling: VW must take back diesel car - Autogazette

A wave plus. Photo: VW
VW must take back a Golf Plus Diesel. © VW

So far, Volkswagen has been able to submit most customer complaints in Germany in connection with the diesel scandal. But now the manufacturer has to take back a vehicle.

Volkswagen has to take the car back from a customer who is affected by the diesel scandal. In a so-called referral order, the Oberlandesgericht Oldenburg confirmed a judgment of a lower court, according to which the customer can withdraw from the purchase agreement for his VW Golf Plus (Az .: 14 U 60/18). After the announcement of the order for reference, Volkswagen withdrew the appeal and the sentence of the lower court became final.

Volkswagen considers the relevant judgment of the court Osnabrück, but remains "legally flawed". The Autodes customer, a VW Golf Plus, remains classified and approved as a Euro 5 vehicle. In addition, the software update is free for customers – the claimant had used the software solution in May 2018. VW also argued that the decision at first instance and the decision to refer were individual cases. In more than 7400 parallel proceedings, regional courts and some higher regional courts have rejected complaints from diesel customers across the country.

VW has more than 40,000 complaints

The 14th Civil Senate of the Oberlandesgericht Oldenburg was of the opinion that the car failed. A buyer may expect a car to pass emissions tests without specially made software. The manufacturer deceitfully deceived the customer, so that the customer did not have to set a deadline for the car manufacturer to repair the defect.

The VW group still sees itself confronted with a variety of lawsuits in the scandal. Nationwide, more than 40,000 cases are pending, about 12,400 judgments have been issued – mainly in favor of Volkswagen or the dealer. At the end of January 21, decisions of higher regional courts were all taken in the spirit of Volkswagen. (AP)

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The certified religious educator worked in addition to his work as a municipal officer of a Catholic parish in Berlin in the sport department of the dpa. At the beginning of the millennium he moved to the Netzeitung. His specialties were the national football team and winter sports. From 2004 the Autoressort was added before he founded the car garage in 2006. Since 2018 he is on the road as a freelance journalist.