Gutachten bringt neue Erkenntnisse gegen Audi

An expert opinion on a Audi Q5 The Euro 5 emissions class once again puts Audi AG in a bad light.

The different exhaust gas values determined in the report on the test bench, where the test procedure was carried out in exactly the same way, indicate that there is software working in the engine control system of the vehicle in question and that it helps to “optimise” the emission values.

The software detects whether the vehicle is in a standardized test situation and, if such a situation is detected, selects an operating mode in which nitrogen oxide emissions are lower than in real driving conditions.

The reason for this report was a case involving an Audi Q5 V6 3.0 TDI with Euro 5 emissions standard. For this vehicle, only a "voluntary service measure" with the action code 23Z2 was offered. The plaintiff, represented by us, had not installed the software update.

Report: Emissions values in real driving conditions significantly higher

As part of a court case, the expert examined whether the Audi Q5 recognized the NEDC (New European Driving Cycle) and how the vehicle reacted to certain changes in the test procedures.

The following test procedures (phases) were considered during the test:

Move the steering after starting and before driving off on the test bench. This would have given the vehicle steering information at least once.
After completing the city cycle, switch off the vehicle's ignition once to signal to the vehicle that a new driving cycle is beginning.
Reduce the ambient temperature of the vehicle compared to the NEDC standard.

In both phases 1 and 2 of the NEDC, ambient temperatures of 23 degrees and 15 degrees were driven through. It was found that in both phases 1 and 2, the specified NOx limit of 180 mg was met when the outside temperature was maintained at 23 degrees Celsius. However, when the outside temperature was reduced to 15 degrees Celsius, NOx emissions increased.

The test clearly shows that the exhaust gas purification system behaves significantly differently when the conditions specified by the engine control unit expected on the test bench.

By offering the "voluntary service measure", it now seems very likely to the courts that Audi AG is not unaware of this "change in behavior" of the engine control unit. From a technical point of view, no voluntary measure would be necessary if the engine's emissions did not change significantly during driving.

In his report, the expert comes to the "understandable" conclusion that the Audi Q5 examined has an inadmissible switching logic installed. This would then constitute immoral damage in a lawsuit against Audi AG.

The Chemnitz Regional Court agreed with this in a case we conducted and sentenced Audi AG to pay €48,775.14 and to take back the Audi Q5 (Judgment of August 16, 2021, Ref. 4 O 142/21). The plaintiff had bought the car in December 2011 for €63,950.

Rogert & Ulbrich recommends

We at Rogert & Ulbrich recommend having your claims checked. Our initial consultation is free and non-binding. We have already won numerous judgments for our plaintiffs and have been involved in the diesel emissions scandal since the beginning. Get advice without obligation.