Translation via DeepL: The diesel scandal thus begins all over again: The Düsseldorf Regional Court has ruled in a remarkable ruling that the software update w

Translation via DeepL: The diesel scandal thus begins all over again: The Düsseldorf Regional Court has ruled in a remarkable ruling that the software update with which Volkswagen intended to end the exhaust gas manipulations also contains an impermissible shutdown device. This means that many hundreds of thousands of diesel owners could now be entitled to compensation. The case (Az. 7O 166/18) concerned a VW Tiguan Diesel with the scandal engine EA 189. This vehicle was fitted with the software update offered by Volkswagen, which, according to the company, removes the unauthorised switch-off device. But in fact it turned out now in the procedure that VW also uses so-called thermal windows in the software update. This ensures that exhaust gas cleaning only works at outside temperatures between 10 and 32 degrees Celsius. If it is warmer or colder, the exhaust gas cleaning system remains switched off. According to the Düsseldorf Regional Court, the software update also has an illegal shutdown device. This is particularly true because Volkswagen did not inform its customers about the thermal window. The car manufacturer thereby intentionally harmed the plaintiff in an immoral manner. With this judgement a completely new capital is opened in the Diesel scandal. Because if the legal opinion of the D?sseldorfer court applies, then the Diesel vehicles, which already received the software update, are further illegally on the way. This applies to Volkswagen as well as Audi, Seat and Skoda. Owners of these vehicles can therefore claim damages. And a second aspect is explosive: If the software update is illegal, any discussion about a limitation period for claims for damages is over. VW had previously argued that such claims could be time-barred three years after the diesel scandal became known. But the faulty software update now means that the limitation period starts anew. Owners of vehicles from the Volkswagen Group (VW, Audi, Seat, Skoda) now have a much better chance of suing for damages or for the return of their vehicle. This applies in particular to cars with the Schummel EA189 engine, but also to other diesel vehicles. [...]