3-Liter Archive - R&U

LG Düsseldorf: Erneut positive Entscheidung zu 3-Liter-Motor

Marco Rogert — Wed, 01 Jun 2022 09:03:44 +0000

The Regional Court (LG) Düsseldorf sentenced Audi AG to pay damages in the amount of € 40,472 and to take back one Audi AG Avant 3.0 TDI (Judgment of 25.05.2022, Az. 16 O 345/20). The vehicle in question has a EA897 evo engine and was registered according to EU standard 6. The plaintiff (a foundation) purchased the Audi A6 Avant 3.0 l on November 24, 2017 for a net purchase price of € 47,305. The new car had a mileage of 0 km when it was purchased. At the time of the oral hearing, the vehicle had a mileage of 36,112 km.

The LG sees compensation for intentional immoral damage according to § 826 BGB combined with § 31 BGB As a given, Audi AG has, by placing the engine on the market with a manipulated engine control software implicitly deceived.

No retroactive contract conclusion due to software update

The programming of the control software with regard to AdBlue injection is provided with a function that is known as impermissible shutdown device in accordance with Article 5, paragraphs 1 and 2 of Regulation (EC) 715/207. The Federal Motor Transport Authority (KBA) has also classified the programming in this way. The control software reduces nitrogen emissions by injecting AdBlue accordingly. The system is then only switched off during normal operation.

The installation of such engine control software is also immoral, as it was carried out solely to deceive the KBA about compliance with the emission limits in the respective driving cycles in order to obtain type approval. Audi AG also accepted the harm to a large number of people, significant material damage and increased environmental damage.

According to the regional court, the plaintiff also suffered damage because the purchase burdened the plaintiff with an unwanted obligation. The vehicle is not usable as it is, as the type approval can be revoked at any time. The damage caused cannot be remedied by the subsequent possibility of a software update. This is because an immorally concluded contract through deception cannot lead to an intended conclusion of the contract through a later software update.

3-liter engine: Rogert & Ulbrich recommends

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OLG München: Berufung der Audi AG zurückgewiesen

Marco Rogert — Thu, 19 May 2022 07:00:00 +0000

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

Do you drive an Audi and have received a recall letter from the manufacturer? Then you should act now and contact us get advice. Current case law also shows that your chances have never been better.Prevent your potential claims for damages from becoming time-barred and have them filed with us free and non-binding check.

„Premium“ Dieselskandal: Neue Entscheidung zu 3-Liter-V6-Motor

Marco Rogert — Tue, 17 May 2022 06:50:17 +0000

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.

Rogert & Ulbrich recommends

Since 2007, we have been fighting on behalf of consumers against large corporations nationwide. Through our own law firm database enables us to identify the optimal litigation strategy with the best prospects of success. Our initial consultation is free and non-binding. Get advice without obligation.

OLG Düsseldorf: Haftung der VW AG bei EA897

Marco Rogert — Wed, 02 Mar 2022 07:49:53 +0000

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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Audi-Abgasskandal: Neue Entscheidung zu 3-Liter-V6-Motor

Marco Rogert — Wed, 09 Feb 2022 09:46:26 +0000

The Nuremberg-Fürth Regional Court sentenced Audi AG to withdraw a Audi SQ5 3.0 (with V6 engine) and damages in the amount of €58,971 (judgment of February 2, 2022, case number 16 O 2782/21). The plaintiff, whom we represent, had purchased the vehicle with the Euro 6 emissions standard as a new car for a purchase price of €83,075. At the time of the oral hearing, the Audi had a mileage of 87,044.

The court undisputedly assumes the existence of a inadmissible defeat device of the emission control system according to Art. 5 Para. 2 S. 1 of Regulation 715/2007/EC The vehicle in question uses two different operating modes. It uses various parameters to determine whether it is on the test bench. On the test bench, the exhaust gas purification system works more effectively. In real driving conditions on the road, however, more nitrogen oxides are emitted. According to the court, the test bench does not have to be exactly identical to the real driving conditions, but the engine control system should function essentially the same.

Audi deliberately deceived in order to achieve higher profits

The Nuremberg-Fürth Regional Court also found that Audi AG's conduct was immoral. Audi AG deliberately deceived potential buyers into purchasing the vehicles in question. Because the installed impermissible shutdown device was not disclosed, there is intentional deception.

The purpose of the design was likely to make the affected vehicles attractive to environmentally conscious buyers. This enabled Audi to sell a larger number of vehicles and thus generate higher profits. According to the court, Audi AG must also have been aware that the resulting damage to the purchaser would result. At the very least, there is a risk that the vehicle's operating license will be revoked due to the defeat device.

Audi has therefore both violated environmental protection regulations and systematically concealed the existence of an illegal defeat device from consumers in order to gain a competitive advantage.

Rogert & Ulbrich recommends

Since 2007, we have been fighting on behalf of consumers against large corporations nationwide. Through our own law firm database enables us to identify the most optimal litigation strategy with the best chances of success. Our initial consultation is free and non-binding. Get advice without obligation.

VTDI-Abgasskandal rund um VW, Audi und Porsche

Marco Rogert — Thu, 13 Jan 2022 12:52:14 +0000

For many German car manufacturers, the diesel emissions scandal is still omnipresent, including the VW Group around the subsidiary brands Audi and PorscheAfter the Federal Motor Transport Authority (KBA) announced on its website at the beginning of 2018 that several illegal switch-off devices had been found in vehicles with a 3l or 4.2l VTDI engine As far as I could tell, some owners of affected vehicles were only informed about this in 2019 with an “individual” letter. The result: A mandatory recall in the form of a (mandatory) software updateAnyone who fails to comply with the manufacturer's request risks having the affected vehicle taken out of service by the local registration authority.

Another consequence of the letters sent to vehicle owners in 2019 could now be that any claims for damages against the manufacturers of affected vehicles could become time-barred at the end of this year. Anyone who still wants to assert their claim for damages should definitely do so this year.

Numerous judgments have already been won against VW, Audi and Porsche

In the past, we have succeeded in a number of positive judgments Claims for damages of up to €50,000 and more were enforced not only against the VW subsidiaries Audi and Porsche, but also against the parent company Volkswagen.

Among other things, we were able to obtain damages of over €72,000 for our client before the Berlin Regional Court (case no. 7 O 118/19). The subject of the dispute was a Porsche Macan S 3.0 TDI, in which the illegal switch-off devices identified by the KBA were installed. Before the Ingolstadt Regional Court (case no. 43 O 741/19), we were also able to obtain damages of over €68,000 from Audi AG for an affected Audi A6 3.0 BiTurbo. We were also recently able to obtain damages of over €49,000 from Volkswagen AG for a VW Touareg 3.0 TDI before the Bonn Regional Court (case no. 2 O 246/21). According to the judge's statements, the fact that Audi AG is responsible for the manufacture of the VTDI engines does not exclude a claim for damages against Volkswagen AG according to the plaintiff's submission.

Federal Court of Justice also grants claim for reduced value

Another possibility for compensation is the so-called "small damages". In its ruling of July 6, 2021 (case number VI ZR 40/20), the Federal Court of Justice (BGH) ruled that instead of reversing the transaction, injured buyers of affected vehicles can also claim the reduced value caused by the inadmissible switch-off devices, i.e. the so-called "small damages". The advantage: affected vehicle owners can keep their vehicle and still be compensated. The amount by which the value of the vehicle has been reduced can be estimated without an expensive appraisal, for example based on a percentage of the purchase price.

Rogert & Ulbrich recommends

Do you drive an affected VW, Audi or Porsche and have received a recall letter from the manufacturer in 2019? Then you should act quickly, especially in view of the impending statute of limitations, andchances of successhave us check it.Current case law also shows that your chances have never been better.Prevent your potential claims for damages from becoming time-barred and let us examine them free of charge and without obligation.

Abgasskandal: Audi verhindert vorerst BGH-Grundsatzurteil

Marco Rogert — Tue, 21 Dec 2021 08:13:42 +0000

On 16.12.2021, the 7th Senate of the Federal Court of Justice (BGH) should have clarified whether the Audi AG for the development and placing on the market of manipulated diesel engines must pay damages to the affected car owners. But Audi AG withdrew its appeal at short notice in order to prevent a landmark ruling and the resulting wave of lawsuits. Audi AG paid damages to a single plaintiff and thus prevented a decision by the Federal Court of Justice. It seems that people in Ingolstadt are not so convinced of their own position that they are giving up without a fight.

Germany's highest civil court was scheduled to hear two cases on December 16, 2021. Both cases concerned a vehicle containing a diesel engine developed by Audi AG. The vehicles were already recalled by the Federal Motor Transport Authority (KBA) in 2018 because an inadmissible defeat device was present. What was also special about the cases was that both vehicles were financed with a loan agreement that included a right of return. This gave the plaintiffs the option of returning their vehicles to Audi Bank for a predetermined purchase price after repaying the loan.

Audi emissions scandal: BGH ruling and statute of limitations 2021

In view of the Limitation of claims for damages at the end of 2021, a consumer-friendly decision by the Federal Court of Justice would have come at a very unfortunate time for Audi AG. The KBA had already ordered numerous recalls in 2018, so the statute of limitations will expire after three years at the end of the year.

By receiving the recall letters mentioned above, the affected owners of the vehicles mentioned have become aware of the manipulation and thus also of the possible claim for damages. From this point in time of knowledge, the limitation period begins to expire at the end of the year after the usual limitation period of three years. In this case, the courts should therefore be allowed to assume a limitation period of December 31, 2021.

Rogert & Ulbrich recommends

Consumers should view Audi AG's actions as a clear signal that Audi AG considers its own chances of success to be rather poor. Sooner or later, however, there will be a supreme court ruling against Audi AG. If you are affected, we advise you not to let this unsettle you. Let us advise you free of charge and without obligation . Especially in light of the statute of limitations expiring at the end of 2021, you should act now and secure your chances of a possible claim for damages. Prevent your possible claims from expiring and the loss in value of your vehicle from increasing further.

We therefore recommend that you claims to have it checked by us free of charge and without obligation.

3-Liter Archive - R&U

LG Düsseldorf: Erneut positive Entscheidung zu 3-Liter-Motor

No retroactive contract conclusion due to software update

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OLG München: Berufung der Audi AG zurückgewiesen

Recall of the KBA as sufficient reason

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„Premium“ Dieselskandal: Neue Entscheidung zu 3-Liter-V6-Motor

VW AG also guilty regarding V6 3.0 TDI engine

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OLG Düsseldorf: Haftung der VW AG bei EA897

VW AG is liable for V6 engine produced by Audi AG

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Audi-Abgasskandal: Neue Entscheidung zu 3-Liter-V6-Motor

Audi deliberately deceived in order to achieve higher profits

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VTDI-Abgasskandal rund um VW, Audi und Porsche

Numerous judgments have already been won against VW, Audi and Porsche

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Abgasskandal: Audi verhindert vorerst BGH-Grundsatzurteil

Audi emissions scandal: BGH ruling and statute of limitations 2021

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