Abgasskandal: Audi verhindert vorerst BGH-Grundsatzurteil

On 16.12.2021, the 7th Senate of the Federal Court of Justice (BGH) should have clarified whether the Audi AG for the development and placing on the market of manipulated diesel engines must pay damages to the affected car owners. But Audi AG withdrew its appeal at short notice in order to prevent a landmark ruling and the resulting wave of lawsuits. Audi AG paid damages to a single plaintiff and thus prevented a decision by the Federal Court of Justice. It seems that people in Ingolstadt are not so convinced of their own position that they are giving up without a fight.

Germany's highest civil court was scheduled to hear two cases on December 16, 2021. Both cases concerned a vehicle containing a diesel engine developed by Audi AG. The vehicles were already recalled by the Federal Motor Transport Authority (KBA) in 2018 because an inadmissible defeat device was present. What was also special about the cases was that both vehicles were financed with a loan agreement that included a right of return. This gave the plaintiffs the option of returning their vehicles to Audi Bank for a predetermined purchase price after repaying the loan.

Audi emissions scandal: BGH ruling and statute of limitations 2021

In view of the Limitation of claims for damages at the end of 2021, a consumer-friendly decision by the Federal Court of Justice would have come at a very unfortunate time for Audi AG. The KBA had already ordered numerous recalls in 2018, so the statute of limitations will expire after three years at the end of the year.

By receiving the recall letters mentioned above, the affected owners of the vehicles mentioned have become aware of the manipulation and thus also of the possible claim for damages. From this point in time of knowledge, the limitation period begins to expire at the end of the year after the usual limitation period of three years. In this case, the courts should therefore be allowed to assume a limitation period of December 31, 2021.

Rogert & Ulbrich recommends

Consumers should view Audi AG's actions as a clear signal that Audi AG considers its own chances of success to be rather poor. Sooner or later, however, there will be a supreme court ruling against Audi AG. If you are affected, we advise you not to let this unsettle you. Let us advise you free of charge and without obligation . Especially in light of the statute of limitations expiring at the end of 2021, you should act now and secure your chances of a possible claim for damages. Prevent your possible claims from expiring and the loss in value of your vehicle from increasing further.

We therefore recommend that you claims to have it checked by us free of charge and without obligation.