In the emissions scandal, the Kiel district court awarded the buyer of an Audi A6 with a 3-liter diesel engine damages in a judgment dated March 30, 2021 (Az .: 17 O 390/20). “The court came to the conclusion that an impermissible defeat device was being used in the Audi A6 and that the plaintiff was entitled to compensation for deliberate immoral damage,” says lawyer Dr. Ingo Gasser.
The plaintiff had bought the Audi A6 Avant 3.0 TDI with the Euro 5 emissions standard in April 2014 as a used car from a dealer. Under the code 23X6, the Federal Motor Transport Authority ordered a recall for the model so that an impermissible defeat device or impermissible reduction in the effectiveness of the emissions control system can be removed. The plaintiff therefore asserted claims for damages.
Different operating modes for exhaust gas recirculation
The plaintiff stated that engine control software uses various parameters such as temperature or steering angle to recognize whether the vehicle is in the test mode of the NEDC. The exhaust gas recirculation is then optimized so that the limit values for nitrogen oxide emissions are adhered to. In real road traffic, a different operating mode is then switched to, with the result that emissions increase. In addition, the so-called heating strategy is used to reduce emissions. This function is also almost only active under conditions such as those prevailing in the NEDC test cycle.
“The court followed our argument and came to the conclusion that an inadmissible defeat device was being used in the vehicle,” said lawyer Dr. Gasser. Audi AG could not refute the allegation. In particular, in the context of its secondary branch of presentation, it did not take any position on the functioning of the functions complained of or the background to the recall by the Federal Motor Transport Authority. The plaintiff, on the other hand, provided sufficiently specific indications for the use of an impermissible defeat device. The recall by the KBA also speaks for this, according to the LG Kiel.
Compensation for intentional immoral damage
According to Section 826 of the German Civil Code (BGB), the plaintiff had been deliberately and immorally harmed and was entitled to compensation. The court decided that the sales contract had to be reversed. If the A6 is returned, the plaintiff can request the reimbursement of the purchase price of 64,900 euros. For the approximately 100,000 kilometers that he has driven with the vehicle, however, he has to deduct a usage fee of around 23,600 euros, so that he still receives around 41,300 euros.
The judgments against Audi in the emissions scandal for vehicles with 3-liter diesel engines are increasing. In addition to numerous regional courts, the higher regional courts in Naumburg, Koblenz and Frankfurt have also sentenced Audi AG to compensation for deliberate immoral damage.
More information: https://www.ingogasser.de/category/audi/
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