Volkswagen emissions case before Mayo court

Ciara Galvin

A COURT in Mayo has directed that car manufacturer Volkswagen disclose information regarding emissions in what is thought to be the first case of its kind in the country.
Judge Mary Devins has adjourned the case in which a woman is seeking compensation from the car manufacturer after the carmaker admitted to cheating on emissions tests last year.
Eithne Higgins of Croghan, Boyle, Co Roscommon is seeking compensation after it emerged that Volkswagen installed software in diesel cars to trick emissions testers in the US. Subsequently thousands of vehicles in Ireland were recalled.
At Tuesday’s Claremorris District Court sitting in Castlebar, lengthy legal submissions from the respondents for Volkswagen and prosecuting solicitor Evan O’Dwyer resulted in Judge Mary Devins directing for an interim preliminary order for discovery – that all documentary evidence, technical, expert and original evidence be supplied to the claimant party.
Judge Devins made the order in order to attain information as to whether Ms Higgins’ car has been effected by the ‘defeat device’ software installed in some cars manufactured by Volkswagen which include Audi, Seat and Skoda. The court heard that it was not yet known if the claimant’s car had been effected by CO2 emissions or nitrous oxide emissions and Judge Devins outlined that this was the central issue that needed to be ascertained first and that if no irregularities were found then a line could be drawn under the matter.

11 million people effected
Mr  O’Dwyer submitted to the court that the respondents are ‘the people with the information to install these devices’ and that his client could be one of the potential eleven million people effected.
Throughout submissions, Mr O’Dwyer referred to a letter sent by Volkswagen last November to Minister for Finance Michael Noonan and then Minister for Transport Tourism and Sport, Paschal Donoghue. In the letter, Volkswagen referred to 800,000 vehicles in Ireland that are ‘concerned’ with the emissions issue.
The letter went on to state that discrepancies with CO2 emissions values could effect Vehicle Registration Tax or Road Tax relating to cars manufactured by Volkswagen, and added that the manufacturer would settle any additional taxes incurred by motorists affected.
Mr O’Dwyer referred to the letter as an ‘indemnity’ and told the court that Ms Higgins was at a potential loss, but that nobody from Volkswagen had been near her car for testing.
After a number of breaks in court proceedings to allow both parties to consider matters, Judge Devins directed for the interim preliminary order for discovery. These documents must be presented to the prosecution within six weeks and Judge Devins adjourned the matter to September 6.