Trial in Feldkirch

Emissions scandal: landmark ruling at the regional court

As a result of the emissions scandal, an Audi customer in Vorarlberg is receiving 20 percent of the purchase price back as compensation. This has also set a new benchmark for comparable cases in Vorarlberg.

Much has been discussed and written about the "emissions scandal" in recent years, and the case continues to occupy courts around the world to this day.

A very exciting legal chapter was recently played out at the regional court in Feldkirch: A man from Vorarlberg had bought a used Audi A4 Avant (55,000 kilometers) for 32,700 euros in 2014. However, this vehicle was fitted with the almost notorious EA189 "scandal engine".

Although the manufacturer carried out a software update in 2016, this did not remedy the defects - a shortcoming that has been established by the Austrian Supreme Court (OGH) in at least 50 cases alone. As a result, the vehicle is still at risk of being taken out of service. Like so many others, the man from Vorarlberg sought legal advice and sued Volkswagen AG for compensation of 30 percent of the purchase price. In the first instance, the Bludenz District Court awarded him 3270 euros, which is exactly ten percent of the purchase price. Both parties appealed against this ruling.

Feldkirch provincial court found fraudulent action
The parties recently met again at the provincial court in Feldkirch. And something quite remarkable happened there: on the grounds that Volkswagen AG had acted fraudulently through its employees when installing the original cheating software, the upper limit of 15 percent of the purchase price set by the Supreme Court was lifted - only for the scandalous EA189 engine, not for other types - and the Vorarlberg Audi customer was awarded 6540 euros in damages. The ruling can no longer be appealed, as the Feldkirch Regional Court is the highest professional court in this case.

Michael Poduschka, the plaintiff's lawyer from Upper Austria and one of the leading lawyers in Austria in this field, speaks of a groundbreaking judgment: "For the first time, an appellate court has determined the amount of damages for a federal state. Now all car buyers in Vorarlberg can imagine what they will most likely receive in damages in court. The statute of limitations has not yet expired either."