VW now denies use of defeat device

December 21, 2015

After a Federal Court hearing today on the class actions against Volkswagen and Audi, pressure is now on VW to explain the substantial difference between its previous public positions admitting the use of cheating software and its position in Court, where it denies the use of ‘defeat devices’.

VW has been asked by the Federal Court to fully explain the operations and function of an Exhaust Gas Recirculation (EGR) system, which VW denies constitutes a ‘defeat device’.

Michael Horn, CEO of Volkswagen U.S appeared before US Congress on 8 October 2015 and stated: “On behalf of our company, and my colleagues in Germany. I would like to offer a sincere apology for Volkswagen’s use of a software program that served to defeat the regular emissions testing regime.”

Charles Bannister, Principal and Founder of Bannister Law said consumers could be forgiven for feeling confused at the apparent contradictions in VW’s position.

“VW will need to reconcile its position that there is no defeat device and no contravention of standards, yet they talk of the need for a ‘fix’ or solution to a problem that they don’t seem willing to admit.”

According to Bannister, today’s proceedings were a win for aggrieved owners, because the judge has ordered VW to define the function of the EGR system, what it does and how it works.

The case is due to resume on 8 April 2016.

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