Audi emissions scandal: New decision on 3-liter V6 engine

/ emissions scandal, judgments / 3-liter, shutdown device, Audi, Euro-6, KBA, recall, damages, thermal window

The Nuremberg-Fürth Regional Court sentenced Audi AG to withdraw a Audi SQ5 3.0 (with V6 engine) and damages in the amount of €58,971 (judgment of February 2, 2022, case number 16 O 2782/21). The plaintiff, whom we represent, had purchased the vehicle with the Euro 6 emissions standard as a new car for a purchase price of €83,075. At the time of the oral hearing, the Audi had a mileage of 87,044.

The court undisputedly assumes the existence of a inadmissible defeat device of the emission control system according to Art. 5 Para. 2 S. 1 of Regulation 715/2007/EC The vehicle in question uses two different operating modes. It uses various parameters to determine whether it is on the test bench. On the test bench, the exhaust gas purification system works more effectively. In real driving conditions on the road, however, more nitrogen oxides are emitted. According to the court, the test bench does not have to be exactly identical to the real driving conditions, but the engine control system should function essentially the same.

Audi deliberately deceived in order to achieve higher profits

The Nuremberg-Fürth Regional Court also found that Audi AG's conduct was immoral. Audi AG deliberately deceived potential buyers into purchasing the vehicles in question. Because the installed impermissible shutdown device was not disclosed, there is intentional deception.

The purpose of the design was likely to make the affected vehicles attractive to environmentally conscious buyers. This enabled Audi to sell a larger number of vehicles and thus generate higher profits. According to the court, Audi AG must also have been aware that the resulting damage to the purchaser would result. At the very least, there is a risk that the vehicle's operating license will be revoked due to the defeat device.

Audi has therefore both violated environmental protection regulations and systematically concealed the existence of an illegal defeat device from consumers in order to gain a competitive advantage.

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