VW emissions claims in Spain


The emissions scandal surrounding the Volkswagen Audi Group (VAG) has affected thousands of vehicles and consumers in Spain.

The total number of vehicles affected globally is estimated to be around 11 million.

The numbers reflect the sheer size of the VAG and the brands under its umbrella; cars affected include models from Volkswagen, Audi, Seat and Skoda.

In 2015 it became apparent that VAG was fitting a form of test cycle recognition software to it´s diesel engined vehicles.

The purpose of the software was to reduce the level of emissions when each vehicle was tested. In reality the level of emissions generated by each vehicle was higher. The level of pollution was higher than allowed by law.

This has a significant environmental impact and the scandal has proven catastrophic for the VAG globally.

The issue affects vehicles with 1.2, 1.6 and 2.0 litre diesel engines manufactured between 2009 and 2015.

These engines were fitted to a wide number of vehicles in the VAG range from Audi, Volkswagen, Seat and Skoda.

VAG have agreed a multi billion dollar settlement in the USA. However, consumers in Spain (and elsewhere) have not received an offer of settlement.

How can GB Abogados help?

GB Abogados are assisting owners and previous owners of the affected vehicles. At the present time, the way to proceed against VAG in Spain is via court.

In many countries large class actions have formed.

We do not believe that this is the best way forward for our clients. One of the main issues with a class action is timescale. Often there is a long window of opportunity for joining the class action. This leads to a delay in the process.

It is also possible that part of the claim can have a detrimental affect on the outcome for yourself. GB Abogados are therefore proceeding on an individual basis.

How do I qualify to make a claim?

GB Abogados represent both Spanish and international clients in making a claim against VAG in Spain. In order to qualify you must have:

• Purchased a Volkswagen, Audi, Seat or Skoda
• The car must have a 1.2, 1.6 or 2.0 litre diesel engine
• You must have proof of ownership including the VIN number
• You must have purchased the vehicle before 1st January 2016

Documentation required in order to claim

In order to proceed with a claim there is certain documentation that you need to have available.

Ideally this documentation should include;
• Proof of purchase (preferably an invoice)
• Any relevant marketing material or dealer quotation
• Car registration document (logbook)
• VIN number of vehicle
• Recall letter from VAG
• Copy of passport

In most instances you will not be required to attend court. GB Abogados will draft a Power of Attorney. This document authorises us to represent you in this case.

The Power of Attorney will need to be signed in front of a notary. This can be in Spain or your home country.

How long will the process take?

A realistic timescale is around 18 months.

What can I expect to gain?

At present there are few cases which have been through the courts in Spain.

There were a handful of early court cases that found in favour of VAG because the judge considered that the cars drove properly and did not take into account the mis-selling of the product, environmental impact and potential health issues from increased emissions.

Those lawsuits were filed very early on, when the scale and impact of VAG´s practice was not entirely clear.

A more recent case in 2018 awarded a consumer with a full refund of the cost of the vehicle.

Another case instructed VAG to fix the vehicle and awarded over €5,000 in damages to the consumer.

How can I start the process?

If you purchased a diesel Volkswagen, Audi, Seat or Skoda in Spain during 2009-2015, we want to hear from you.

Please contact us today to discuss how we can help you make a claim against VAG.

GB Abogados are able to assist clients of any nationality. You do not have to be resident in Spain to make a claim.

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