What to do about Volkswagen?

In September, it became public knowledge that some Volkswagen diesel engines are equipped with software that ensures that emissions during a test are less harmful than the actual emissions while driving on the road. Owners of a Volkswagen with a diesel engine are obviously not happy about this situation, but what concrete options do they have to do something about it?

The buyer of a car should, in principle, expect his purchase to possess the properties necessary for normal use. In the case of Volkswagen, the cars supplied are safe and can be driven normally. Therefore, the car possesses the features necessary for normal use. But due to the software used in the vehicles, the car's emissions are actually higher than a test shows.

Information at the time of purchase

Whether as a result there is so-called "non-conformity" depends on the information the buyer received when he bought the car and what he could expect as a result.

As for Volkswagen, in principle, the buyer will have to prove that emissions were raised when the car was purchased and that it was of substantial importance to him.
If so, the buyer can demand that his Volkswagen be "repaired," to the extent possible. But it is not yet clear whether the diesel engines actually emit more than stated in the brochures.

Non-conformity

Volkswagen has since announced, however, that the affected vehicles will be recalled and fitted with new software and new parts so that emissions are measured correctly during a test.

It is still unclear how the new software will affect the cars' performance. If the cars perform well after the update, they are no longer non-conforming. But if the cars have less power or higher fuel consumption after the software update, for example, they may still be nonconforming. The question then becomes whether the possible changes in performance are sufficient to warrant rescission of the contract.

This requires that the change be of some magnitude. If, for example, the car's assets have only been reduced to a very limited extent, this will probably not be sufficient to proceed to dissolve the entire agreement. However, a reduction of the purchase price may possibly be claimed in that case, in the sense that the possessor is compensated for the reduced assets of his car.