Crossley & Ors v Volkswagen Aktiengesellschaft & Ors

Crossley & Ors v Volkswagen Aktiengesellschaft & Ors

The software function in VW EA189 diesel engines is a defeat device under Article 3(10) of Regulation 715/2007/EC because it senses parameters to switch between modes, reducing the effectiveness of the emission control system under normal vehicle operation; the KBA's finding of defeat device is binding on this court as a matter of EU law, and the defendants' collateral challenge constitutes an abuse of process.

Parties
Claimants: Anthony Joseph Champion Crossley & Ors; First Defendant: Volkswagen Aktiengesellschaft; Second Defendant: Audi Aktiengesellschaft; Third Defendant: Skoda Auto a.s.; Fourth Defendant: SEAT S.A.; Fifth Defendant: Volkswagen Group United Kingdom Limited; Sixth Defendant: Volkswagen Financial Services (UK) Limited; Seventh Defendant: Authorised Dealerships
Jurisdiction
England and Wales
Judgment Date
06 April 2020
Procedural Posture
Group Litigation / Judgment on Preliminary Issues
Outcome
Judgment for Claimants on both preliminary issues
Legal Topics
Defeat Device Definition, Type Approval Regime, Duty of Sincere Co Operation, Binding Effect of Administrative Decisions, Emission Standards Compliance
Consumer Protection Administrative Law EU Law Environmental Law Defeat Device Definition Type Approval Regime Duty of Sincere Co Operation Binding Effect of Administrative Decisions +1 more

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Parties

Anthony Joseph Champion Crossley & Ors

Claimants

Volkswagen Aktiengesellschaft

First Defendant

Audi Aktiengesellschaft

Second Defendant

Skoda Auto a.s.

Third Defendant

SEAT S.A.

Fourth Defendant

Volkswagen Group United Kingdom Limited

Fifth Defendant

Volkswagen Financial Services (UK) Limited

Sixth Defendant

Authorised Dealerships

Seventh Defendant

Procedural Posture

Group Litigation / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the software function in VW EA189 diesel engines constitutes a 'defeat device' under Article 3(10) of Regulation 715/2007/EC
  2. 2 Whether the High Court is bound by the finding of the German Federal Motor Transport Authority (KBA) that the vehicles contain defeat devices
  3. 3 Whether it is an abuse of process for defendants to challenge the KBA's defeat device finding

Ratio Decidendi

The software function in VW EA189 diesel engines is a defeat device under Article 3(10) of Regulation 715/2007/EC because it senses parameters to switch between modes, reducing the effectiveness of the emission control system under normal vehicle operation; the KBA's finding of defeat device is binding on this court as a matter of EU law, and the defendants' collateral challenge constitutes an abuse of process.

Court Disposition

Judgment for Claimants on both preliminary issues

Orders

  • The court is bound by the KBA's finding that the vehicles contain defeat devices
  • Defendants' collateral challenge is an abuse of process