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I don't really understand the "greedfest" comments. It was VW who deliberately cheated the system so that they could make false claims in their advertising, so that they would sell more cars at a higher price. They sold a lot of cars based on false green credentials.
As I understand it they have admitted cheating the system and have paid up in other jurisdictions, but not here, hence the litigation.

Seems to be a clear misrepresentation which would be a breach of contract and damages would follow, with evidence on quantum presumably being submitted at some point.

If I'd bought a VW of the type implicated, I'd now have a car that is far more difficult to sell on and which will fetch a lower price than should have been the case.