The developments around the VW scandal are unraveling rapidly in the past 3 weeks since September the 18th. The German leading carmaker had been found to be in violation of US Clean Air Laws according to EPA Regulations (Environmental Protection Agency) by knowingly and intentionally installing a ‘defeat device’ logistic software in its diesel engine vehicles emitting up to 40 times more Nitrogen Oxide (NOx) than the permissible fuel emission levels. Effectively, VW had deliberately installed a ‘cheat switch’ designed to pass emission tests by engaging in unfair trading practices, suppressing material facts not known to the public and which were known to VW for the past 6 years to increase its sales revenue profitability in full disregard for the public’s trust in the VW’s brand credit-worthiness and applicable Clean-Air Regulations.
According to the EPA, Volkswagen installed its deceptive software, called a “defeat device,” in at least the following diesel models of its vehicles: Jetta (model years 2009 – 2015), Beetle (model years 2009 – 2015), Audi A3 (model years 2009 – 2015), Golf (model years 2009 – 2015) and Passat (model years 2012 – 2015), Scoda (model years 2009-2015) and Seat (model years 2009-2015).
Volkswagen deliberately deceived the Regulatory Authorities because its so called ‘Clean Diesel Engine Systems’ purportedly were fixed in such a way as to pass the fuel emission tests for certifying its vehicles as environmental friendly while the reality was that those vehicles performed differently on the road, a fact that was not and could not be within the public’s and consumers knowledge when they first bought and/or leased VW vehicles. Had they known about VW’s concealment and negligent and/or fraudulent misrepresentations and misstatements they would not have paid as much for those affected vehicles or they would not have bought the vehicles to begin with, as they were defrauded in purchasing high technology vehicles which were advertised as being more fuel efficient than spark plugs engine vehicles which in turn results in better efficiency and reduces drivers’ expenses and carbon – dioxide emissions.
Due to VW’s deceitful acts and omissions, the German Car Colossus is facing unprecedented Regulatory fines but most importantly it may be called to pay cataclysmic damages sought via the filing of class action complaints from its 11 million affected vehicles’ consumers. Even though VW will be forced in the next couple of days to recall from the market all affected vehicles for retracting the installed defeat device it may be called to compensate via court proceedings its customers in both contractual / tortious and punitive damages stemming out of: A. diminution of the vehicles’ purchased/ resale value, B. Damages for under-performance in lieu to the vehicles fuel cost efficiency, C. Special damages for purchasing the trim diesel package installed in the affected vehicles (ranging from EUR1000 – EUR 6.000 according to the purchased model), D. Full Refund of the actual amount paid for the affected vehicles in breach of contract and in tortious restitution, E. Punitive Damages for defective goods and product liability in violation of Consumer and Unfair Competition / Trade Laws.
Regulatory Authorities of each Member State within the European Union in collaboration with the European Committee are still investigating whether VW has used and installed the same defeat device in its EU vehicles as it did in the US, which evidently may very well be the case as per Germany’s Minister of Transportation comments, however no official report has been made available yet to the public.
Our Firm, PARPARINOS & HADJIPANAYIS LLC (aka ‘PAHALAW’) having received numerous complaints and questions by interested Cyprus based VW consumers, is currently investigating the matter by addressing an official inquiry to the Cyprus Road Transportation Department [our Firm’s letter dated 05/10/2015 can be found on our website at pahalaw.com] and will be soon communicated the official report that shall be prepared within October by the European Committee. The report will include the Committee’s final findings on possible fuel emission violations by VW as per applicable European Testing Regime [Euro Test 5 – EC Directive 715/2007/EC]. Furthermore, PAHALAW has established a collaboration with a leading Law Firm in the UK which is working closely with UK Regulatory Authorities and is heavily investigating the matter for consulting its own clients on their possible contractual and tortious rights for compensation in drawing a common strategy (with reference to the general Heads of Claim that shall be endorsed in the writ of summons) in upcoming court proceedings.
Should the European Committee’s findings point towards the direction that VW is in violation of the related EU Directives on permissible fuel emission levels of NOx and/or Carbon-Dioxide, PAHALAW shall be filing consolidated actions in Cyprus against VW on a ‘no win – no fee’ retainer basis for all interested Cyprus based VW consumers who are estimated to be well over 1000.
To find out more please contact our Firm at 22 000422 and book a free of charge meeting and/or send a ‘sign up’ email to our Firm’s VW project manager and author of this article Mr. Paris Hadjipanayis at [email protected]
