Crossley & Ors v Volkswagen Aktiengesellschaft & Ors [2020] EWHC 783 (QB) (06 April 2020)

Crossley & Ors v Volkswagen Aktiengesellschaft & Ors [2020] EWHC 783 (QB) (06 April 2020)

The Court finds that the software function in the VW diesel engine constitutes a defeat device within the meaning of Article 3(10) of Regulation 715/2007/EC. The engine control unit was capable of identifying the NEDC test and operated in a different mode during the test to reduce NOx emissions, which reduced the...

Source-derived case information.

Citation
[2020] EWHC 783 (QB)
Parties
Claimant: Anthony Joseph Champion Crossley & Ors; Defendant: Volkswagen Aktiengesellschaft; Defendant: Audi Aktiengesellschaft; Defendant: Skoda Auto a.s.; Defendant: SEAT S.A.; Defendant: Volkswagen Group United Kingdom Limited; Defendant: Volkswagen Financial Services (UK) Limited; Defendant: Authorised Dealerships
Jurisdiction
England and Wales
Judgment Date
06 April 2020
Procedural Posture
Group Litigation / Trial of Preliminary Issues
Outcome
Preliminary issues decided in favour of Claimants
Legal Topics
Defeat Device, Type Approval, Fraudulent Misrepresentation, Emission Standards, Binding Effect of Regulatory Decisions
Consumer Protection Environmental Law EU Law Product Liability Administrative Law Defeat Device Type Approval Fraudulent Misrepresentation +2 more

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Parties

Anthony Joseph Champion Crossley & Ors

Claimant

Volkswagen Aktiengesellschaft

Defendant

Audi Aktiengesellschaft

Defendant

Skoda Auto a.s.

Defendant

SEAT S.A.

Defendant

Volkswagen Group United Kingdom Limited

Defendant

Volkswagen Financial Services (UK) Limited

Defendant

Authorised Dealerships

Defendant

Procedural Posture

Group Litigation / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the High Court is bound by the finding of the competent EU Type-approval authority (KBA/VCA) that a vehicle contains a defeat device
  2. 2 Whether the engine control unit software constitutes a 'defeat device' under Article 3(10) of Regulation 715/2007/EC

Ratio Decidendi

The Court finds that the software function in the VW diesel engine constitutes a defeat device within the meaning of Article 3(10) of Regulation 715/2007/EC. The engine control unit was capable of identifying the NEDC test and operated in a different mode during the test to reduce NOx emissions, which reduced the effectiveness of the emission control system under normal conditions. The Court also finds that the KBA Letters are persuasive but not strictly binding on the English Court; however, the substantive issue is decided in favour of the Claimants based on the evidence and interpretation of EU law.

Court Disposition

Preliminary issues decided in favour of Claimants

Orders

  • Declaration that the software function constitutes a defeat device under Regulation 715/2007/EC
  • Declaration that the KBA Letters are persuasive but not binding