Top German court backs VW owners in 'dieselgate' opinion | 2/22/2019 | Staff
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Germany top court on Friday backed Volkswagen owners' claims against the firm over cars rigged to cheat regulatory emissions tests, in an opinion that could guide lower courts' rulings.

"In the case of a vehicle delivered to the buyer with an illegal defeat device... the presence of a material defect can be assumed," the Federal Court of Justice (BGH) said in a statement.

VW - Millions - Vehicles - Defeat - Devices

VW fitted millions of vehicles worldwide with so-called "defeat devices", shorthand for software that reduces output of harmful emissions like nitrogen oxides (NOx) during testing—only to allow it to increase many times over once on the road.

When a car is equipped with the cheating technology, "there is a danger that the authorities could forbid its operation," preventing the owner from using it for its intended purpose, the judges said.

VW - Cars - Requirement - Compensation

VW has always insisted that since the cars remain functional, there is no legal requirement for it to replace them or pay compensation.

The opinion did not say what action the carmaker should take to correct the "defect" represented by a defeat device, such...
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