The Oldenburg Regional Court ruled on July 26, 2021, ref. no.: 13 O 3712/20, that the statement made by Rogert & Ulbrich regarding a thermal window installed in a BMW 318d was sufficient to justify a claim for damages. The 2-litre diesel engine from BMW AG with the internal designation “N47D20” is the subject of the dispute. thermal window is used to regulate exhaust gas purification, but at temperatures below 17°C and above 30°C this switches off, which then leads to exhaust gas values far above the legal limits in real driving conditions on the road.
BMW AG under pressure
Even without proof of Federal Motor Transport Authority (KBA) that switch-off devices were installed, the courts are increasingly making rulings. The KBA assumes that the use of the so-called thermal window to protect the engine is permissible. The court, however, does not share this view. Rather, it is now up to BMW AG to demonstrate to the court that the specific data for the thermal window was already communicated to the KBA at the time of type approval. If BMW AG does not succeed in doing this, the court will award damages to the plaintiff represented by Rogert & Ulbrich.
Rogert & Ulbrich sees positive prospects
We at Rogert & Ulbrich recommend having your claims examined. Our initial consultation is free and non-binding. We have already won numerous judgments for our plaintiffs and have been involved in the diesel emissions scandal since the beginning. Get advice without obligation.
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