The Munich I Regional Court ordered Audi AG to take back a Porsche Macan S Diesel (judgment of May 4, 2021, case number 41 O 9400/20). The plaintiff, who purchased the vehicle in 2013 for around €80,000 and had driven almost 78,000 km with it by the time of the hearing, was awarded his purchase price minus compensation for use in return for returning the vehicle, thus a sum of €55,187.49 for his 8-year-old car.
Development and production of the engine by Audi AG
The interesting thing about this case: Audi – and not Porsche – was ordered to pay damages for the purchase of a Porsche Macan S Diesel sentenced.
In the case, the court assumed that Porsche had installed the engine in the vehicle, but that the engine was developed by Audi and that the immoral damage was therefore committed there. Audi also failed to explain and disclose the circumstances, so the court followed the plaintiff's presentation and argument.
Even after being asked to do so by the court, Audi did not disclose the results of the investigations into the question of the responsibility of Audi executives. At the same time, however, the plaintiff's statements provide sufficient evidence that the board of directors was aware of the matter, the ruling states. This is supported in particular by the fact that the use of an illegal defeat device was a decision that entailed considerable risks for the company and also personal liability risks for the people who made the decision.
Immoral placing on the market of an engine with unauthorized software
In the case itself, the Chamber decided that the programming and installation of such software violated the minimum requirements in legal and commercial transactions on the motor vehicle market to such an extent that compensation for the financial losses caused was required. Especially if a buyer has no concrete idea of the legal validity of the type approval and compliance with the statutory emission limits, the placing of the engine on the market is immoral and is equivalent to a direct fraudulent deception of the buyer.
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