The Higher Regional Court (OLG) Celle rejected VW AG's appeal by decision of May 13, 2022 (decision of May 13, 2022, ref. 7 U 791/21). The Regional Court (LG) Hildesheim had previously awarded a plaintiff represented by us damages in the amount of € 34,912 against return of the vehicle (Judgment of 02.07.2021, Ref. No. 5 O 206/20)The vehicle in question is a VW Touareg 3.0 TDI with the emission class Euro-6. The vehicle has the engine V6 3.0 TDI. The plaintiff had purchased the VW Touareg for a purchase price of €40,990. At the time of purchase, the vehicle had a mileage of 55,362 km. On October 13, 2020, the mileage was 84,770 km.
VW AG also guilty regarding V6 3.0 TDI engine
VW AG is guilty of deception not only with the EA 189 diesel engine it developed and produced, but also with regard to the V6 3.0 TDI engine manufactured by Audi AG. This engine was also installed in the VW Touareg in question.
The Audi AG-manufactured V6 3.0 TDI engine was able to, as was the one developed and manufactured by VW AG diesel engine EA 189, the prescribed exhaust emissions in the type approval procedure only comply with the test bench and not in real road use. To ensure compliance with the exhaust emissions on the test bench, software was developed that recognizes the roller test bench based on various parameters and controls the engine function accordingly. The Hildesheim Regional Court had already determined that the engine type in question was equipped with an inadmissible switch-off device intended to deceive.
The fact that VW AG has now been found guilty of the V6 3.0 TDI engine produced by Audi AG is a further step forward in the diesel emissions scandal. VW AG has now also been convicted as a vehicle manufacturer. The engine type in question was deliberately installed by VW in order to deceive the Federal Motor Transport Authority (KBA) and buyers. It does not matter that Audi AG produced the V6 3.0 TDI engine.
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