Volkswagen has been ordered to disclose information regarding emissions in respect of a car owned by a motorist in Roscommon.
The interim order for discovery of documentation was made by a District Court Judge, in a case taken against the car manufacturer.
Eithne Higgins of Croghan, Boyle, Co Roscommon, is seeking compensation after Volkswagen admitted cheating on emissions tests last year.
It emerged last Autumn that the company had installed software in diesel cars to trick emissions testers in the United States. In the weeks that followed, thousands of vehicles in Ireland were recalled.
This afternoon at Castlebar District Court, Judge Mary Devins ordered that all original documentary technical expert evidence relating to the claimant's car be presented to her within a six week timeframe.
After hearing lengthy submissions on behalf of the applicant and from legal representatives for Volkswagen, the judge said the central issue was whether there was an issue with carbon dioxide (CO2) and/or oxides of nitrogen (NOx) emissions on the vehicle in question.
Judge Devins said the only way to ascertain this would be to get expert evidence.
If there was no issue, then a line would be drawn under the matter. If there was an issue, she said then evidence would have to adduced to include reasons for irregularities, anomalies or discrepancies in the car.
In turn, this would lead to examining the possible fallout that incorrect emissions data had on Vehicle Registration Tax or road tax.
The possible depreciation of the car, the impact of discrepancies on the resale value as well as the safety of the vehicle would also have to be considered.
Judge Devins said she felt there could be agreement between the parties on the order for discovery.
After a short adjournment to allow both sides to discuss the issue, barrister Paul Fogarty for Volkswagen told the Court that there were still differences of opinion on how best to progress.
Ms Higgins' solicitor, Evan O'Dwyer said it was his view that by narrowing down the focus, the respondents could deal with the central issues but with no agreement on this, Judge Devins made the interim preliminary order for discovery.
The question of costs was adjourned and the matter will be back before the court in early September.
At the start of this afternoon's proceedings, Mr O'Dwyer applied to ammend the proceedings to take account of possible NOx emissions. This followed correspondence from Volkswagen to Ms Higgins suggesting that this was the issue affecting her car.
Mr O'Dwyer told Judge Mary Devins that he had informed legal representatives for Volkswagen about his intentions in a letter sent on 29 May but the respondents refused to consent. He said he was now seeking an order to ammend the case made.
Mr Fogarty, claimed that the situation was "somewhat unsatisfactory". He contended that if the plaintiff was running on the NOx issue, he shouldn't spring it on the respondents.
Judge Devins said it was very unusual to see such a degree of animus between parties in District Court proceedings. She said she wished this to stop immediately and appealed to all sides to leave aside personal comment and any suggestion of animus.
She pointed out that the maximum jurisdiction in the District Court was €15,000 and that it was worth remembering that the proceedings were not centred on damages above this amount.
She said it was her view that the letter sent on 29 May "cures any defect" regarding proper notice and said she would allow the proceedings to be amended, while noting Mr Fogarty's objections.
