In its statement, the court said VW had the obligation to provide a vehicle free from defect and that the model change doesn’t rule out a replacement. The court didn’t indicate what affect software updates would have on VW’s position.
VW had sought to reach a settlement in the case to avoid a ruling against it by the court that could weaken its efforts to sidestep claims over its rigged diesel vehicles. Unlike in the U.S., the company has refused to compensate affected customers in Europe, and some 400,000 customers have signed up for a mass suit against the world’s largest automaker.
The court statement doesn’t allow “concrete conclusions” regarding its impact on other legal claims, Volkswagen said in a statement.
The company reiterated that delivering a new vehicle in the case in question is “impossible” because the Tiguan sold to the customer in 2015 is “totally different” from the current version.