Tag: defect

Court: DSG7 affected by a hidden defect preventing use under normal conditions

A consumer in France, filed a lawsuit against VW, for troubles with DSG7 gearbox, and won. Interesting thing is, that his/hers problems with DSG7 are identical to mine. Here is the verdict, the most important parts.

(Translated by Google Translate)

Receives a request for declaring the cancellation of the sale of a motor vehicle
VOLKSWAGEN POLO Comfort Line, 5th Room – 1st Section of the Tribunal de Grande
Instance PARIS, January 16, 2013, held:
“In this particular case, the nature of the noise (obviously wrong), frequency (certain
for city traffic), its origin (gearbox), the technical impossibility of there
overcome the uncertainty and its impact on anxiety and distraction that can
naturally cause at one time or another, are all elements
incompatible with normal driving (comfortable and safe) that could be
expected of a new vehicle quality at the forefront of technological progress.
(…) The hidden nature of this defect, and prior to the sale have not been challenged and
arising from the content of documents submitted in evidence.
It must therefore be held that the vehicle sold to VOLKSWAGEN POLO Mrs. J. is
affected by a hidden defect preventing its use under normal conditions or
The resolution of the sale of the vehicle must be ordered. ”
Accordingly, the Tribunal issued the resolution for latent defects of the vehicle
VOLKSWAGEN POLO sold January 14, 2011 to Mrs. J. by the MS Society.,
VOLKSWAGEN dealer in Paris.
– Sentenced MS Society. payable to Mrs J. a sum of € 17,212.69 in restitution
price paid
– Sentenced MS Society. to pay a sum of € 1,783.22 as damages
for the costs incurred by the purchase of the vehicle,
– Sentenced MS Society. payable to Mrs J. a sum of € 1,000 in compensation for his
pecuniary damage,
– Ordained to Mrs. J. proceed without delay to the return of the vehicle purchased January 14th
2011 at the MS Society.,
– Condemns the MS Society. payable to Mrs J. a sum of € 2,000 per application
Article 700 of the Code of Civil Procedure,
– Condemns the Company VOLKSWAGEN FRANCE GROUPE to ensure all
convictions against the MS Society. in favor of Mrs. J.
The Company VOLKSWAGEN FRANCE GROUPE pay the costs.
Mrs. J. was litigator: Master Eric KLEIN Bar PARIS