The European Court of Justice has ruled today that so-called fraudulent software on Volkswagen diesel vehicles is banned. The court ruled in a case brought against Volkswagen by a number of Austrian customers.
The result of that decision is that Austrian buyers who bought a Volkswagen between 2011 and 2013 could, in principle, terminate the purchase agreement and request a refund. Whether this will happen depends on the Austrian judge who has to make the final decision. The same applies to consumers in other European countries, the national courts must decide on this. Earlier, the Attorney General of the European Court noted that the use of fraudulent software is not permitted under European law.
NU. According to the director of the Customer Association Sandra Molenaar, the fact that the software used is illegal ‘means that consumers have purchased a product that does not meet the expectations’. That’s why they can cancel a purchase agreement or claim compensation, says Molenaar at NU.nl.
It is clear that Volkswagen is now being criticized for software updates that were correctly implemented to replace the software previously banned by Europe. After the ‘update’, Volkswagen used a program that only allowed nitrogen oxide emissions to fall within Europe’s highest temperatures at an outside temperature of 15 and 33 degrees. the outside can drop to 0 under certain conditions.
The German Kraftfahrt Bundesamt (Federal Motor Vehicle Agency) had also approved this, as it noted that this update did not include a banned device for failure. However, the Court of Justice is now clearing the floor with that conclusion.