Karlsruhe, Germany - The Federal Court of Justice (BGH) in Germany is due to hear the first legal case brought by a diesel car driver against the German car industry over cheating on emissions tests.
The court, Germany's highest for criminal and private law, said on Tuesday that the case would be heard in January.
The case is being brought by a Skoda driver who wants a part refund from his car dealer. The driver is demanding back about 5500 euros (R92 000) of the 26 770 (R450 000) that he paid for the vehicle.
The man failed in his claim at a lower court in the eastern city of Dresden.
The car, bought by the man in 2013, had an illegal shut-off device that falsely showed reduced exhaust gas emissions during normal driving on the road, while in fact the emission of harmful nitrogen oxides increased.