this Ibi Civil Court of First Instance and Order No. 1 Announced the invalidity of the sale of an Audi A4 car sold in Alicante ten years ago, affected by the “dieselgate” from the Volkswagen emissions scandal. this Group Affected by Volkswagen in a statement that this is the first time a court has declared a vehicle’s purchase contract null and void based on its provision. Court of Justice of the European Union (CJEU) has outlawed car-mounted emission control devices and announced that, using the Ibi court’s decision, more than 4,000 customers will demand a refund of the vehicle price. diesel gate“.
In the statement made by the association, it was noted that this sentence, which has not been finalized yet and will probably be appealed by the Sala Hermanos Import SL company, will be appealed in front of the court. Alicante Court, requires a dealer selling the vehicle to return it to the Audi A4 buyer. 34,440 € The one that paid for the car ten years ago was affected by what’s known as the ‘diesel door’, where “Volkswagen installs software on vehicles that can change the result in measuring emissions so that, in reality, the level of pollution they produce is well above what is legally determined”.
The sentence, add those affected, acknowledges that it has been proven that the vehicle “emits more polluting gases than the gases the Volkswagen Group has accredited for homologation; the decision also highlights the “sales organization’s failure to comply with its pre-contractual, contractual and post-contractual information obligations.” An excess that could affect the formation of the actor’s consent and lead him to make an error about the nature of the product with which he is contracted.
For all these reasons, the verdict is null and void due to the “defect in the actor’s consent, the purchase contract dated February 28, 2010 is returned to the parties in the condition before the contract came into force, the return of the goods and the price, with all the costs incurred on the defendant.”
The buyer’s defense was handled by the Meler Abogados office, which was integrated into the Volkswagen Affected Group.
Based on this decision, the Affected Persons Association will begin litigation. Volkswagen Group Beginning next month, it urges those interested to contact the Association of People Affected by Volkswagen, claiming that contracts for affected vehicles, starting with the SEAT brand, are void.
Alberto Rey, president of the Association of Volkswagen Affected, expressed his satisfaction as “It has been shown that our customers are right and that Volkswagen is deceiving them by selling their vehicles, albeit after we asked for it”. Also keep in mind that all buyers of these vehicles, either first-hand or second-hand, can now demand the termination of the contract and the refund of the money they have invested in the vehicle, whether it has been repaired or not. “Despite the years passed and the legal developments in the case, their actions were not foreseen and they will be able to demand it,” insists Rey.