Trial in Innsbruck

Exhaust fumes: money back for luxury camper van

A VW Beach camper van (symbolic image), the trial revolved around an older model.

(Bild: Birbaumer Christof)

Victory for a Tyrolean against VW: at the Innsbruck Regional Court, an owner of a camper van was awarded compensation for the first time due to an unlawful exhaust gas purification system. The judgment is not legally binding.

The Tyrolean had bought the California Beach Diesel 2.0 TDI second-hand in Salzburg in 2017 for €50,500; the new value of these vehicles often exceeds the €100,000 mark.

Several problems after update
In the course of the "emissions scandal", the buyer had a voluntary software update installed, after which consumption is said to have risen from around six to nine liters. When reversing, there were also allegedly jerky movements and warning indicators lit up.

The man sued Volkswagen AG for restitution and possible damages due to the unauthorized emission control system. Allegation: The defendant VW AG had already known about the defects during the type approval, but had refused to install a second so-called SCR catalytic converter to reduce emissions.

The civil proceedings took place at the Innsbruck Regional Court.

(Bild: Christof Birbaumer / Kronenzeitung)

Time-barred and no damage intended? 
The opposing party argued that the exhaust gas purification system works between minus 15 degrees and up to plus 42 degrees and that there was no intent to cause damage. The case was also time-barred. There had also been no loss of value.

Significant: At the hearing, however, VW spoke out against measuring the real exhaust gas values. An expert emphasized that reliable information was therefore not possible.

In fact, when measuring under type approval conditions, it is almost always clear that the exhaust emission values are massively exceeded despite updates.

Rechtsanwalt Martin Moser

Lawyer Martin Moser, who specializes in "exhaust gas cases" and represents the plaintiff: "In fact, it is almost always clear from the measurement under typing conditions that the exhaust gas values are massively exceeded despite updates. Too much nitrogen oxide is being emitted and no legal compliance is being achieved!"

The accusation is that nitrogen oxide emissions are too high despite software updates.

(Bild: Dostal Harald)

Claims also for older vehicles
Therefore, according to the Innsbruck lawyer, damages are due, specifically around 57,000 euros including interest. "Compensation is also due even if the vehicles now often have several hundred thousand kilometers and are sometimes up to ten years old," emphasizes Moser. This is because it is now clear that the car manufacturers have not been selling state-of-the-art technology (second catalytic converter) for exhaust gas purification since 2015 at the latest.

Tyrolean appeals because compensation too low
The judgment is not legally binding. It remains to be seen whether VW will appeal. Moser emphasizes: "However, we will appeal, as the amount is too low for us due to the increase in value of the used VW buses." The vehicle is still an "environmental bomb" and is not actually eligible for registration, so the type approval is unlawful. Moser advises camper van owners to find out more about their case.