Rogert & Ulbrich punktet in zweiter Instanz gegen Audi

A driver of a Audi SQ5 plus can be happy. The initially dismissed lawsuit held up before the Munich Higher Regional Court and Audi AG was ordered to take back the vehicle and repay the purchase price.

The plaintiff bought the car, which is equipped with a 3.0l V6 turbo diesel engine and classified in the Euro 6 emissions class, new in 2016 for around € 57,000. The Federal Motor Transport Authority (KBA) issued a recall notice for this vehicle model in January 2018. He will now receive around € 33,500 plus almost € 3,000 in interest.

The district court in Ingolstadt initially dismissed the case. However, the 21st Senate of the Munich Higher Regional Court saw the matter differently and granted the suit instead of.

Reprehensible deceiving the authorities

Audi deceived the responsible approval authority by manufacturing and placing the engine on the market with manipulated engine control software.

By applying for a type approval for a vehicle and engine, the manufacturer declares to the authorities that the use of this vehicle on public roads is permitted without restrictions. This requires not only that the necessary registration and approval procedures are formally completed successfully, but also that the EC type approval required for the vehicle type has not been obtained by deceiving the responsible authority. If this is not the case, this is equivalent to direct fraudulent deception of the car buyer.

The court also repeatedly found that the Audi Group’s actions were immoral, i.e. particularly reprehensible.

We continue to fight for your rights

We are pleased with our client about this success. Once again, Audi has been ordered to take back a polluter.
It is remarkable how stoically Audi AG forces consumers to go through the courts every time, even though the outcome of the proceedings is already clear when the lawsuit is filed in most cases: Car back – money too.