Audi A4 mit VW Motor

OLG Munich: Audi is also liable for manipulated engines from Volkswagen

21,000+ EUR compensation for the vehicle owner.

Our law firm was able to achieve a great success at the Higher Regional Court of Munich and Audi liable for the installation of an engine developed by Volkswagen AG.

The plaintiff bought the Audi A4 in 2012 for just under 25,500 euros. The price then applicable in cases of emissions scandal The Memmingen Regional Court, which is not particularly consumer-friendly anyway, dismissed the lawsuit in the first instance.

The Higher Regional Court of Munich saw things differently and ordered Audi AG to pay 21,600 euros in damages and to take back the car (Higher Regional Court of Munich of November 27, 2020, case number 24 U 6567/19).

Did Audi install the manipulated Volkswagen engine “blindly”?

Based on the arguments presented, the Senate had no doubt that Audi executives and/or representatives also had knowledge of the manipulated emissions engines. They made the fundamental strategic decision to install engines manufactured by the parent company. The tainted vehicles were put into circulation by deceiving the Federal Motor Transport Authority.

The engine is the heart of the vehicle. Furthermore, the use of the unauthorised shutdown device This is a fundamental strategic decision affecting a large number of vehicles. This involves significant personal liability risks for the decision-makers. The significance of legal limits is also crucial for a car manufacturer's business. Ultimately, these limits must be technically and economically feasible to comply with in a cost-effective manner.

Audi AG admitted during the proceedings that it also develops diesel engines itself. It was of interest to the court how its parent company, Volkswagen AG, managed to comply with the strict limits. The Senate found it impossible that Audi would have "blindly" installed the engine developed by Volkswagen in its own vehicles without conducting its own testing and then assured the EC type approval authority that it complied with the limits.

Manipulation software used extensively in countless Audi vehicles.

It's obvious that at least one Audi representative was involved in the decision to use the defeat device. The manipulation software has been used extensively in countless vehicles.

The engine is the heart of a motor vehicle. The manufacturer is required to submit a separate declaration regarding the engine to the Federal Motor Transport Authority, the EC type-approval authority. Therefore, the engine would have had to be inspected by Audi AG for legal compliance.

Audi was not allowed to rely solely on the professional operational experience of its parent company, Volkswagen AG, and the tests it carried out (see also the Higher Regional Court of Munich of June 8, 2020, case no. 21 U 4760/19).

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