69.000+ EUR Schadensersatz für Porsche Macan Fahrer

Cologne Regional Court orders car dealership to take back the car.

The Cologne Regional Court dismissed the emissions scandal lawsuit brought by the driver of a Porsche Macan S 3.0l instead (LG Cologne dated September 15, 2020, case number 32 O 200/19).

The lawsuit was directed against the car dealership where the car was purchased.
The car dealership was ordered to take back the car and refund the purchase price less compensation for use.

The plaintiff still receives for the car, which he bought as a new car in December 2015 for 89,496 euros 69,464 eurosHe must pay compensation of almost €15,000 for the distance traveled, 53,370 km. The court assumed a total mileage of 300,000 km for the expensive car, known for its longevity.

Built-in shutdown device causes significant material defect

The court qualified the installed defeat device and the resulting mandatory recall as a significant material defect. The mandatory recall threatened a ban on operation if the recall measure was not implemented, thus agreeing with the KBA's assessment. Porsche AG Built-in defeat devices can lead to increased NOx emissions during vehicle operation. A warm-up strategy that only kicks in during the NEDC test bench procedure and is not activated in real-world traffic results in nitrogen oxide emissions on the test bench being improved compared to emissions during normal driving.

Court: Software update not suitable as a remedy

According to the court, installing a software update is not sufficient to completely eliminate the defect. It is not sufficient if the car subsequently shows traces of the repair or replacement measures or requires further repairs in the future due to irreparable circumstances.

Even if the vehicle were to comply with the limits of the Euro emissions standard after installing a software update without manipulating the engine control system and without suffering any technical disadvantages, the vehicle would still be defective, the ruling states.
The characteristic of the vehicle affected by the emissions scandal remains a flaw in the car even after the software update and cannot be eliminated.