European judge opens door for claims
Volkswagen diesels are not allowed to emit more nitrogen at lower temperatures in order to spare the engine. The software that the car manufacturer has used for this is inadmissible and offers duped customers a legal basis to request their money back, the European Court of Justice suggests. The ruling is yet another reprimand for Volkswagen in the long-running Dieselgate file.
The case in question was brought by Austrian Volkswagen customers who bought a Volkswagen with diesel engine between 2011 and 2013, reports news agency Reuters. It revolves around the fact that Volkswagen programmed its cars to fall within European standards for nitrogen emissions only on warmer days. As soon as it was colder than 15 degrees outside or warmer than 33 degrees, the ECU reduced the operation of the EGR system, so that less exhaust gases were drawn back into the engine. That saves the power source, but does ensure higher emissions than Volkswagen promised on paper.
The European Court in Luxembourg has ruled that such an intervention is only permitted if road safety is at stake. In addition, it would only be allowed in exceptional cases, while at Volkswagen it would rather be the norm that the EGR system had a reduced effect. After all, it is colder than 15 degrees for most of the year, especially in Austria where the lawsuit was filed. According to the European Court, the deviation from the rules by Volkswagen is ‘not of minor importance’ and the judges hold that ‘the dissolution of the purchase agreement is in principle not excluded.’
For Austrian customers, this statement does not mean that they have their money back. Volkswagen has a different interpretation of the court decision. “Volkswagen AG sees its legal position confirmed by the ruling of the European Court,” the carmaker’s statement reads. According to Volkswagen, the software protects the engine against “a significant risk of damage or accidents”. According to Volkswagen, without the software there would even be a ‘concrete danger’ if you drive the car. Ultimately, the Austrian court will decide whether the customers will get their money back or not, with the European court’s ruling in its pocket.
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– Thanks for information from Autoweek.nl