The first sentence in Spain denies the return of a Volkswagen Tiguan by the scandal of the TDI

But after the flurry informative initial, the situation of the scandal of the TDI of Volkswagen in Europe has calmed down a lot, and are still pending resolution of some matters. The court of first instance of Torrelavega, in Cantabria, has already issued a first judgment regarding the case at Volkswagen. And the reason has been for the manufacturer. In October 2015, and after jumping the scandal in the united States, the owner of a Volkswagen Tiguan may 2012 filed a lawsuit to the brand, and the dealership in which you purchased your Volkswagen Tiguan, to request the return of the 34.541,9 euros I paid for it three years ago. Is it possible to request the refund of the complete amount of the vehicle? According to the judge of Torrelavega not.

The plaintiff also would have been sentenced to pay the costs of the trial, although there is still the possibility of appealing against the ruling, as published this morning by The Country, which would have had access to this judgment.

According to the judge, the cancellation of the sale, and the return of the full amount of the Volkswagen Tiguan, it is not necessary. And not applicable because the repair could be made “on reasonable terms” and the buyer would not have shown to have an “ecological awareness.” A failure that definitely does not stop being curious, especially for this last aspect, that of environmental awareness.

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The judge has considered that the claim at Volkswagen-Audi Spain was not appropriate because it does not exist a contractual relationship between the plaintiff and the defendant. Not proceeded against the official dealer of Volkswagen in Torrelavega, in both there would not be any evidence which would indicate that this was aware of the presence of malicious software in your car.

Probably the aspect that has most influenced the dismissal of the claim has been the fact that the repair can be carried out in reasonable terms, and without great prejudice to the owner of this Volkswagen Tiguan. That is perhaps the biggest difference between the resolution of the scandal of the TDI in Europe and in the united States, according to the other side of the Atlantic, and by their regulations of NOx emissions more strict, the solution will be more complex and problematic. See article: why are you still not been resolved by the Volkswagen your problem with the TDI in the united States?

As previous, it is interesting that in the judgment has been embodied the concept of ecological awareness, that might have helped the claimant move closer to a favorable ruling for their cause. The judge takes into account that the environmental awareness of the client would have been of interest to sustain his claim, in any case the plaintiff has not shown an “ecological awareness” special, for not belonging to associations, environmentalists, or make economic contributions to these.