The Alicante Civil Court of First Instance and Order No. 1 has declared the sale of an Audi A4 bought in Alicante a decade ago invalid, linking the case to Volkswagen’s emissions scandal, often dubbed dieselgate. The ruling marks the first time a court has voided a vehicle purchase contract based on its terms, a decision that the Court of Justice of the European Union has influenced by ruling against car-mounted emission controls. The court’s opinion suggests that hundreds or even thousands of affected customers in the Volkswagen group may seek refunds on the vehicle’s price, using the Alicante judgment as a potential precedent for similar claims.
The association representing affected owners notes that the sentence, not yet final and likely to face appeal by Sala Hermanos Import SL, is expected to move through further judicial review. The Alicante Court could require the dealer to return the vehicle or reimburse the buyer, who had paid 34,440 euros ten years ago. The case centers on what is termed the diesel door—software installed by Volkswagen to manipulate emissions readings during testing, presenting a reality where the real pollution levels exceed legally established limits.
The court’s decision acknowledges proof that the vehicle emitted more polluting gases than the numbers Volkswagen Group had certified for homologation. It also emphasizes a failure by the sales organization to meet pre-contractual, contractual, and post-contractual information obligations. This lapse is cited as a potential defect in the buyer’s consent and could constitute a misapprehension about the product in question, affecting the formation of the contract.
Consequently, the verdict declares the purchase contract null and void on the grounds of consent defect, ordering the parties to place the vehicle in the state it was before the contract commenced and to return the goods and price, with all costs borne by the defendant.
The defense for the buyer was managed by Meler Abogados, which operates as part of the Volkswagen Affected Group’s legal framework.
Following this decision, the Association for the Rights of Volkswagen Affected Persons plans new litigation activity starting next month. The group calls on those who believe their vehicle contracts were affected to contact the association, highlighting that contracts for affected cars, beginning with the SEAT brand, are subject to nullification.
Alberto Rey, president of the Association of Volkswagen Affected Owners, expressed satisfaction with the outcome, noting that the proceedings show customers were right and that Volkswagen’s sales practices misled buyers at the time of purchase. He stressed that both first-hand and second-hand buyers may now seek contract termination and a refund of their investment, regardless of whether any repairs were undertaken. Rey noted that time has passed, but the legal developments support the possibility of redress for affected customers who pursue these claims.