Top German court to hear first 'dieselgate' case

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Herbert Gilbert is just one of tens of thousands of drivers who have sued Volkswagen for cheating emissions tests, but he will make legal history ...

FRANKFURT: Herbert Gilbert is just one of tens of thousands of drivers who have sued Volkswagen for cheating emissions tests, but he will make legal history on Tuesday when his"dieselgate" case becomes the first to reach Germany's top court.

One of the cars equipped with the rigging software belonged to Gilbert, a life-long Volkswagen customer. Volkswagen rejects his claim, saying he suffered no economic damage from the scam and was able to keep driving his car. The cheating function was removed in a mandatory software update.The judges are expected to publish their opinion on key points in the case on Tuesday.

The court rejected his claim, but Gilbert won on appeal with judges ordering VW to take back the car and refund the plaintiff to the tune of €25,616 - less than Gilbert had sought."In our view, the hurdles are high for the federal court to accept the damages claim," VW said in a statement, reiterating that Gilbert had"full use" of the car throughout.

The out-of-court settlement brought an end to Germany's biggest ever lawsuit after VW agreed to pay around €750 million in compensation to around 235,000 customers, or between €1,350 and €6,250 per car.

 

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