Schwering Rechtsanwälte has once again enforced damages for a VW Touareg in the emissions scandal. The district court of Osnabrück ruled on April 8, 2021 that Audi AG, as the manufacturer of the diesel engine fitted with an inadmissible defeat device, must pay compensation for deliberate immoral damage (Az .: 4 O 3396/20).
Audi AG develops and produces the larger 3-liter diesel engines of the type EA 896 and EA 897 in the VW Group. These units are not only used in various Audi models, but also in the Porsche SUVs Cayenne and Macan or in VW Touareg used. Inadmissible disconnection devices were also used with these engines and the Federal Motor Transport Authority (KBA) has therefore ordered various recalls. “Audi AG manufactured the engines and is therefore also liable,” explains lawyer Andreas Schwering.
Audi is also liable for the VW Touareg in the proceedings before the LG Osnabrück. The plaintiff had bought the vehicle in December 2015 as a used car. An EA 897 diesel engine with the Euro 6 emissions standard is installed in the VW Touareg. In December 2017, the KBA ordered a recall for the model due to an impermissible defeat device or impermissible reduction in the emissions control system.
The plaintiff had the following software update installed, but also asserted claims for damages because an impermissible switch-off device in the form of a rapid warm-up strategy was used in the vehicle. This ensures that the limit values for nitrogen oxide emissions are complied with in test mode, but in real road traffic the function is mostly not activated, so that emissions increase.
The lawsuit was successful. An impermissible disconnection device is used in the vehicle. As a result, the claimant was deliberately damaged in an immoral manner and was entitled to compensation according to Section 826 of the German Civil Code, according to the Osnabrück Regional Court.
An impermissible shutdown device is used in the engine, which significantly reduces nitrogen oxide emissions on the test bench compared to normal driving. This is already clear through the recall of the KBA, so the LG Osnabrück. In addition, the plaintiff had adequately substantiated that an inadmissible cut-off device in the form of the so-called rapid engine warm-up function was used. Audi could not refute this accusation. Registration authorities and consumers were deliberately deceived in order to obtain type approval for the vehicle, the court continued.
The claimant therefore suffered damage as soon as the purchase contract was concluded. The purchase contract is therefore to be reversed. If the vehicle is returned, the claimant can demand reimbursement of the purchase price. For the kilometers driven, however, she has to accept the deduction of a usage fee.
“In the larger 3-liter diesel engines of the type EA 896 or EA 897, inadmissible disconnection devices are used. For vehicles with this engine, regardless of whether it is a VW, Audi or Porsche, claims for damages can be enforced, as a number of court rulings show, ”said attorney Schwering.
More information: https://rechtsanwalt-schwering.de/abgasskandal/
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