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A Wangen car owner defeated Porsche in the exhaust gas scandal. The car manufacturer must take back a Cayenne, which the woman had bought early 2015. She will be refunded the purchase price less a compensation for use. According to the court, the car was equipped with an improper shutdown device. He speaks in his judgment of "deliberate and immoral" behavior of the management. The verdict was obtained by the law firm Dr. med. Kraft and Rudolph from Wangen. According to their knowledge, this is the first against Porsche in the exhaust gas scandal.
The woman had acquired the Porsche in early 2015. In the so-called SUV, so a sporty SUV, a three-liter diesel engine is installed, rated Euro 6 standard. The corresponding engine is affected by the scandal of exhaust gases. In mid-2017, the Federal Motor Transport Authority issued a decision asking Porsche to return the affected vehicles to an acceptable condition. Three weeks later, the owner of Porsche asked to take over the Cayenne to get the refund of the purchase price. The automaker refused. The owner complains.
The group refuses the manipulation
Even during the process, the group denied that the engine in question contains an unacceptable exhaust system. But that's exactly what the court sees the case. He badumed that the vehicle had engine control software that detects when the car is on the test bench. This lowers the nitrogen oxide levels.
While driving in normal traffic, however, they are far above. Thus, in the court's opinion, the car does not comply with the regulations on gasoline. Porsche has not helped either, that the company does not produce the engine itself. The sister company Audi gives it to him. Porsche must be credited with this.
In the court's opinion, the behavior of the car manufacturer has harmed the buyer. There was a real risk that the Federal Motor Transport Authority would stop the vehicle. As a result, the woman put her property in danger by signing the purchase agreement.
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And: according to the court's judgment, she would not have bought the car if she had known that there was a risk that she could no longer use the car on the road. In the court's opinion, the Porsche AG's then-board of directors had acted deliberately and immorally as it was allegedly damaged by many customers in order to provide Business benefits.
After the verdict, Porsche must take back the car and refund the purchase price. However, the applicant must credit the use of the vehicle. It depends on the total number of kilometers traveled.
Attorney Tobias Honzal is satisfied with the verdict. He represented the applicant in court. The stop shows that Porsche AG is obliged to compensate damaged motorists. He advises customers to act quickly. "The longer we wait, the lower the claim for damages." The judgment is not final yet.
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