Audi is liable for damages in the emissions scandal

Audi is liable for damages in the emissions scandal for vehicles with the EA 189 diesel engine. This was confirmed by the Munich Higher Regional Court in eight decisions dated November 30, 2020 (Ref .: 21 U 3457/19 and others).

Audi cannot point out that the EA 189 engine with the impermissible defeat device was developed and manufactured by the parent company VW. Those who use prefabricated components in their products have the same duties of care as the manufacturer himself, ruled the Munich Higher Regional Court. Audi AG is therefore obliged to pay damages to the injured buyer.

The BGH had already ruled in May that VW deliberately harmed car buyers by using an inadmissible defeat device in the EA 189 diesel engine and is fundamentally obliged to pay compensation. The manipulated engine was also used in vehicles up to 2 liters displacement from the group subsidiaries Audi, Seat and Skoda.

“The decision of the Munich Higher Regional Court that Audi is also liable for the exhaust gas manipulation is important. This also strengthens consumers who only bought an Audi after the VW emissions scandal became known on September 22, 2015 and who want to enforce compensation, ”says attorney Frederick M. Gisevius, BRÜLLMANN attorneys.

In such cases, the BGH ruled that there was no longer any claim to compensation because Volkswagen AG changed its behavior after September 22, 2015 and it could no longer be accused of immorality. “However, this change in behavior cannot automatically be transferred to the VW subsidiaries Audi, Seat and Skoda. There may still be immorality here, ”said lawyer Gisevius.

For example, the Ingolstadt district court awarded the buyer of an Audi A4 with the EA 189 engine with a judgment of November 12, 2020 for damages, even though he had only acquired the car in January 2016 (Ref .: 81 O 571/19). The court argued that Audi should not be acquitted of the charge of immorality. The measures that VW took after the emissions scandal became known were not sufficient to relieve Audi of the allegation of immorality. In the media coverage, too, the diesel scandal was mainly associated with VW and not with the group subsidiaries, according to the court.

The judgment of the Higher Regional Court of Munich not only affects vehicles with the EA 189 engine, but also cars with the successor EA 288 engine, which is also manufactured by VW and is also used in vehicles from the Group’s subsidiaries. Here, too, judgments have already been made because of the use of an impermissible defeat device. For example, the regional courts of Offenburg and Oldenburg have awarded the buyer of an Audi A3 damages (Ref .: 3 O 38/18 and 1 O 939/20).

In addition, the judgment of the Munich Higher Regional Court can also be applied to the larger diesel engines with a displacement of 3 liters and more. Here the situation is exactly the opposite. The EA 896 or EA 897 diesel engines are manufactured by Audi and were also used by the sister company Porsche in the Cayenne, Macan and Panamera. “Porsche is also liable here. Corresponding court rulings have already been made, ”says lawyer Gisevius.

The law firm BRÜLLMANN Rechtsanwälte is a cooperation partner of IG Dieselskandal and offers you a free initial assessment of your options. Contact us.

More information: https://bruellmann.de/abgasskandal

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