Dieselgate: New developments in the Audi emissions scandal

The controversy surrounding the warm-up function of the SUV SQ5

In a current legal dispute, a dispute has arisen over the warm-up function of an Audi SQ5 (EU 5). In its advisory decision, the Higher Regional Court (OLG) of Frankfurt am Main has now determined that the R&U lawyers have presented sufficient evidence that the vehicle has a warm-up function and that this is an inadmissible switch-off device.

Evidence of Audi's warm-up function

The Rogert & Ulbrich law firm bases its argument on a dealer information that Audi itself issued in 2019. According to this, this so-called warm-up function exists so that the oxidation catalyst quickly reaches its working temperature after the engine has started. However, this function is almost only active on the test bench and is throttled during real driving, according to the R&U lawyers. It is undisputed that the Federal Motor Transport Authority (KBA) issued a decision in 2019 stating that this is an inadmissible switch-off device.

Audi does not deny the warm-up function

Interestingly, Audi does not deny that this dealer information also applies to the specific vehicle in question, the Audi SQ5 (EU 5). However, the automobile manufacturer argues that the warm-up function described is not an illegal switch-off device, as it allegedly does not affect the legal limits for emissions. However, Audi does not question the existence of this illegal switch-off device.

Does the warm-up function affect the permissible limits?

The actual effect on the emission limits is irrelevant, according to the Frankfurt Higher Regional Court, as long as part of this warm-up function contributes to reducing emissions. According to the advisory decision, there may not be any immoral damage in accordance with Section 826 of the German Civil Code, as the installation was not intended to deceive people about compliance with the limits.

Frankfurt Higher Regional Court proposes settlement

The court proposes a settlement to the parties, whereby Audi should pay the client of the Rogert & Ulbrich law firm an amount calculated according to the now standard formulas. If no settlement is reached, both parties have the opportunity to comment within four weeks. It remains to be seen how Audi will respond.

R&U Rechtsanwälte recommend

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