First judgment in Spain to award damages to the buyer of a vehicle affected by Volkswagen Group’s emissions fraud

The vehicle buyer claimed lack of conformity of the product, as provided in consumer and user protection legislation, and breach of the seller obligations set out in article 1101 of the Civil Code. The buyer, distrustful of the repair offered by Volkswagen Group, requested the replacement of the vehicle by an equivalent one. This distrust was vindicated by the judge, according to whom it had not been undoubtedly proved that such repair did not affect vehicle performance in the case of vehicles as old as the claimant’s car…