OLG München: Berufung der Audi AG zurückgewiesen

The Higher Regional Court (OLG) of Munich rejected Audi AG's appeal by decision of May 11, 2022 (decision of May 11, 2022, ref. 3 U 742/22). The Regional Court (LG) of Ingolstadt had previously awarded a plaintiff represented by us damages of € 9,171.61 against return of the vehicle (judgment of January 26, 2022, ref. 33 O 2523/20). The vehicle in dispute is a Audi A8 3.0, which the plaintiff had purchased for a purchase price of € 20,850. The vehicle is equipped with a 3.0 liter V6 turbo diesel engine with an output of 184 kW. The mileage at the time of purchase was 96,000 km. At the time of the judgment, the mileage was stated as 210,494 km.

Recall of the KBA as sufficient reason

Audi AG claims that the gearshift point control of the transmission is not part of the emissions control system. In addition, according to Audi, the plaintiff had not provided sufficient substantiation, so that an appeal was necessary.

The Federal Motor Transport Authority (KBA) had recall 23X6 one impermissible shutdown device or an inadmissible reduction in the effectiveness of the emissions control system was found. Both the regional court and the higher regional court based their decision on the recall notice, which shows that an inadmissible switch-off device was installed to adjust the emissions behavior. This switch-off device means that the exhaust emissions are only reduced on the test bench.

Audi AG acted intentionally and immorally by putting vehicles on the market for years that only met the prescribed emissions standards on the test bench. The type approval was therefore obtained through deception.

Rogert & Ulbrich recommends Audi drivers

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