Precedent Decision of the Supreme Court for Volkswagen Emissions Scandal

German automotive giant Volkswagen has been on the agenda for years. emission to scandal related A remarkable development took place in Turkey. The legal process, which started after a citizen complained about Volkswagen, went to the Supreme Court at the last point. The high court, which examined the subject, said that the citizen named TS that you may be right ruled. The incident has made it a matter of curiosity what will happen at the end of the trial process.

Allegedly, TS had frequent problems with the 2013 Volkswagen Passat vehicle. The citizen, who went to the service many times, could not get a clear result. in 2017 23r7 Action The citizen, who benefited from a service called free of charge, had more problems. For 1.6 TDI BMT 105 PS The fuel consumption of the vehicle increased, it started to work jerkily, it had problems in acceleration and gave a warning of engine and exhaust gas.

Citizen’s lawsuit was repeatedly denied

TS went to the Consumer Court first. If this is Volkswagen dismissal of the case wanted. In the defense made by the company; He said that the vehicle was used 155 thousand kilometers in 4 years, changed hands three times, and that the problems detected in the tests were independent of each other. The case was then dismissed. The citizen, who objected to the decision to seek his right, also filed a complaint with the Regional Court of Justice. didn’t get what she wanted. Still, the undeterred citizen took the road to the Supreme Court this time.

The 3rd Civil Chamber of the Supreme Court of Appeals made a remarkable decision after examining the expert report. The tool of the action named 23r7 Action can make it shameful the high court, saying that what has been done within the scope of the application not examined drew attention. The Supreme Court of Appeals, which unanimously reversed the decision of the Regional Court of Justice, restarting the process has provided. The following statements were included in the decision:

The records regarding the application of 23r7 to the vehicle subject to the lawsuit are not in the file. The application mentioned in the report NOx gas emission values It is not clear whether it aims to ensure the real values ​​are displayed by eliminating the fraudulent software that displays it at the promised limits, or to reduce the emissions to the promised values. If it aims to pull to the promised values, together with the software for 1.6 liter diesel engines whether an air flow regulator has been added in addition to the software update, whether a separate part has been added to the vehicle cannot be understood. In the report; Although it is stated that the said application will not affect the performance of the vehicle, the reasons for this are not given clearly and based on concrete data. As such, it cannot be said that the report is suitable for auditing. In that case, the Consumer Court should bring the records regarding the application of 23r7 to the vehicle subject to the lawsuit, and a final decision should be made by obtaining an additional report from the expert committee, based on concrete data, with a reason, suitable for the inspection of the party and the Supreme Court, in a way that meets the claims and objections of the plaintiff. It was not considered correct to make a written decision with an incomplete examination, required to break. Since the decision of the first instance court was overturned for the reasons explained above, it was decided to annul the decision of the regional court of appeal regarding the substantive rejection of the appeal filed against this decision. Revocation of the appealed regional court of appeal decision, reversing the decision of the first instance court for the benefit of the plaintiff. unanimously decided.