OLG Düsseldorf: Haftung der VW AG bei EA897

The Higher Regional Court (OLG) Düsseldorf ordered VW AG to withdraw a VW Touareg (with V6 engine) and damages in the amount of € 41,897 (judgment of February 21, 2022, ref. I-9 U 63/20). The plaintiff we represent had purchased the vehicle with the Euro 6 emissions class as a new car for a purchase price of € 65,750. He financed the vehicle with a loan from Volkswagen Bank, which has since been fully repaid. At the time of the oral hearing before the Senate, the VW Touareg had a mileage of 128,966.

The OLG sees the obstruction of the engine type EA897 as was the case with the EA189 engine an immoral act by VW AG. The deception therefore fits seamlessly into the scandal of the VW Group, which became known in 2015 with the engine type EA189.

VW AG is liable for V6 engine produced by Audi AG

Because VW AG itself has assumed responsibility for the EA897 engine and thus also for the absence unauthorized shutdown devices, it cannot withdraw by saying that the engine in question is not its own. The 3-litre V6 and 4.2-litre V8 diesel engines were produced by Audi AG, but VW AG explicitly identified itself as the manufacturer in the EC declaration of conformity. This is especially true since it had already tampered with the EA189 engine type. The presence of further illegal defeat devices in other diesel engines of the VW Group is therefore not a mere coincidence.

The Higher Regional Court sees the deception of putting vehicles with manipulated EA897 engines into circulation as an attempt to achieve higher profits by saving costs.

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