The German Environmental Aid (DUH) has again successfully sued the Federal Motor Transport Authority (KBA) before the Schleswig Administrative Court (case no. 3 A 332/20). The DUH is demanding the annulment of approval notices that the KBA has issued in the past for software updates. These updates were approved in order to correct inadmissible exhaust gas purification switch-off devices on certain diesel engines. The court ruled in favor of the DUH and thus upheld its claim.

Chamber considers thermal windows to be inadmissible

The court's chamber considers so-called thermal windows in particular to be inadmissible defeat devices that the KBA should not have approved. The car manufacturers Volkswagen, Audi and Seat, which belong to the Volkswagen Group, were involved in the hearing. The decision affects 62 older models of various brands of the Volkswagen Group. The chamber chairman emphasized that defeat devices are only permissible if they directly prevent damage to the engine. This was not the case in this case.

DUH urges action

The German Environmental Aid (DUH) is urging the Federal Motor Transport Authority (KBA) to finally take action. DUH Federal Managing Director Jürgen Resch describes the ruling as a clear defeat for Federal Transport Minister Wissing and the KBA under his leadership. He stresses that by switching off proper exhaust gas purification in millions of diesel vehicles, "millions of people in our cities would be unnecessarily exposed to high, extremely harmful nitrogen dioxide concentrations."

dispute over thermal windows

The long-standing dispute between environmentalists and car manufacturers revolves primarily around thermal windows. This software reduces the cleaning of exhaust gases, especially at lower temperatures, which causes vehicles to emit more pollutants.

legal remedy announced

About a year ago, this court dealt with a similar case and essentially ruled in favor of Deutsche Umwelthilfe (DUH). At the time, the lawsuit concerned older models of the VW Golf with the same engine type (judgment of February 20, 2022, case number 3 A 113/18). This judgment is not yet final. Both the Federal Motor Transport Authority (KBA) and Volkswagen have appealed to the Schleswig-Holstein Higher Administrative Court (OVG) in Schleswig.

Volkswagen has announced that it will also appeal against the current ruling. In addition to the appeal to the Higher Administrative Court, the Administrative Court has allowed an appeal to the Federal Administrative Court due to the fundamental importance of the legal case.

R&U Rechtsanwälte recommend

This case clearly underlines that the emissions scandal is far from being fully resolved. We therefore recommend that you have your situation reviewed by our experienced R&U lawyers to determine whether you are affected by the diesel emissions scandal and are entitled to compensation. Benefit from our many years of expertise as a leading law firm in the field of the diesel complex and receive free advice by telephone.

Der Beitrag Abgasskandal 2024: Klage gegen Kraftfahrt Bundesamt erschien zuerst auf R&U.

In a current legal dispute, a dispute has arisen over the warm-up function of an Audi SQ5 (EU 5). In its advisory decision, the Higher Regional Court (OLG) of Frankfurt am Main has now determined that the R&U lawyers have presented sufficient evidence that the vehicle has a warm-up function and that this is an inadmissible switch-off device.

Evidence of Audi's warm-up function

The Rogert & Ulbrich law firm bases its argument on a dealer information that Audi itself issued in 2019. According to this, this so-called warm-up function exists so that the oxidation catalyst quickly reaches its working temperature after the engine has started. However, this function is almost only active on the test bench and is throttled during real driving, according to the R&U lawyers. It is undisputed that the Federal Motor Transport Authority (KBA) issued a decision in 2019 stating that this is an inadmissible switch-off device.

Audi does not deny the warm-up function

Interestingly, Audi does not deny that this dealer information also applies to the specific vehicle in question, the Audi SQ5 (EU 5). However, the automobile manufacturer argues that the warm-up function described is not an illegal switch-off device, as it allegedly does not affect the legal limits for emissions. However, Audi does not question the existence of this illegal switch-off device.

Does the warm-up function affect the permissible limits?

The actual effect on the emission limits is irrelevant, according to the Frankfurt Higher Regional Court, as long as part of this warm-up function contributes to reducing emissions. According to the advisory decision, there may not be any immoral damage in accordance with Section 826 of the German Civil Code, as the installation was not intended to deceive people about compliance with the limits.

Frankfurt Higher Regional Court proposes settlement

The court proposes a settlement to the parties, whereby Audi should pay the client of the Rogert & Ulbrich law firm an amount calculated according to the now standard formulas. If no settlement is reached, both parties have the opportunity to comment within four weeks. It remains to be seen how Audi will respond.

R&U Rechtsanwälte recommend

The case clearly shows that the issue of the “emissions scandal” has still not been fully resolved. Let our experienced lawyers examine your case and determine whether you are also affected by the diesel emissions scandal and are entitled to compensation. Benefit from our many years of experience as a pioneering law firm in the diesel complex.

Der Beitrag Dieselgate: Neue Entwicklungen im Audi Abgasskandal erschien zuerst auf R&U.

Mercedes-Benz diesel vehicles have been subject to mandatory recalls since 2018 on the instructions of the Federal Motor Transport Authority (KBA). New recall notices have been issued for the Mercedes Vito and Viano models since September 2023 (recall code NC2II6515R / 0797185). Now AUDI is also facing the next wave of recalls for the 3-liter/six-cylinder VTDi engines.

Recall letters often entitle you to compensation

Mandatory recalls as part of the diesel emissions scandal are forcing software updates to fix illegal emissions control switch-off devices. Millions of diesel vehicles are affected, and there are significant claims for damages from deceived customers.

What you should do now

If you have received a letter from the KBA or the vehicle manufacturer informing you that your vehicle requires a software update, contact the Rogert & Ulbrich law firm immediately, which specializes in the diesel emissions scandal. During the free initial telephone consultation, you will immediately find out how much compensation you are entitled to. Take your chance and benefit from the many years of expertise of our specialized lawyers to secure your compensation. 

Please note that you should not install the software update initially so that your claim for compensation is not voided.

AUDI – group-wide manipulation of vehicles

Vehicles from all group brands, including VW, AUDI, Skoda, Seat and Porsche, are affected by the emissions scandal and use a variety of engines. This includes the large-engined V6 engines that were installed in AUDI vehicles from the A and Q series, among others. Now the KBA is threatening further mandatory recalls for these 3-liter engines.

Mercedes Dieselgate 2.0

The Mercedes emissions scandal affects numerous diesel vehicles across Europe, including models of the A, B, C, E, G and S classes as well as off-road vehicles. Transporters such as the Sprinter and vans such as the Vito and Viano are also affected.

Since September 2023, the Federal Motor Transport Authority (KBA) has ordered new mandatory recalls for the Mercedes van models Viano and Vito. The recall code is NC2II6515R / 0797185.

ECJ & BGH strengthen rights of millions of affected people

In July 2022, the European Court of Justice (ECJ) ruled that temperature-controlled defeat devices (often popularly called "thermo windows") are illegal if they result in the exhaust gas purification not working properly for more than half of the year. In March 2023, the ECJ also ruled that buyers of vehicles with illegal defeat devices can in principle receive compensation even if the manufacturers did not act immorally but negligently violated the EU Vehicle Registration Regulation. With the groundbreaking ruling, the ECJ forced a U-turn by the Federal Court of Justice (case number: C-100/21). Consumers are therefore entitled to compensation even if the manufacturers of diesel engines acted negligently. Previously, it was necessary to prove that the manufacturers acted intentionally. This is no longer necessary and simplifies the proof.

Get compensation for the difference and keep the car

The European case law of the ECJ forced the Federal Court of Justice (BGH) to make a fundamental change in its case law in the diesel emissions scandal on June 26, 2023. The BGH has introduced so-called differential compensation, which makes it easier than ever for consumers to claim compensation in the emissions scandal. Drivers of a diesel vehicle with a "thermal window" are entitled to compensation of 5 to 15 percent of the purchase price in accordance with Section 823 (2) of the German Civil Code (BGB). In contrast to reversing the purchase contract and returning the manipulated vehicle to the manufacturer, in the case of differential compensation, vehicle owners can keep their car and receive financial compensation for the loss in value of their vehicle.

Who bears the costs of the recall?

The manufacturers cover the repair costs as part of recall campaigns, but there is no entitlement to reimbursement for the time invested or a replacement vehicle. The software updates often lead to increased wear and tear on the engine. Unless you assert your claims, these damages will not be compensated.

Who informs the vehicle owner in the event of a recall?

Vehicle owners are informed by post about upcoming recalls, either by the manufacturer or the KBA.

Which shutdown devices are used?

Various shutdown devices, such as the "thermal window", the coolant target temperature control (KSR) and SCR catalysts modified for AdBlue injection are often used in manipulated diesel vehicles. These shutdown devices often lead to problems with exhaust gas purification and result in violations of applicable emissions standards.

What are “thermo windows”?

These shutdown devices mean that, for example, exhaust gas purification is restricted or switched off at temperatures below 15 degrees, which are typical in Germany.

How does the coolant target temperature control (KSR)?

After a long period of downtime, the coolant target temperature control (KSR) ensures that the coolant is heated more slowly and thus fewer pollutants are produced. However, the KSR solution works almost exclusively on the test bench. It is not an industry standard and was kept secret from the Federal Motor Transport Authority by Mercedes. It is estimated that around 3 million Mercedes vehicles are equipped with the KSR software. 

How does the SCR catalyst work?

The SCR catalytic converter (Selective Catalytic Reduction) treats exhaust gases with the help of AdBlue and converts toxic nitrogen oxides (NOx) into water vapor and nitrogen. However, this catalytic converter has an illegal switch-off device to reduce AdBlue consumption. Different operating strategies for the SCR catalytic converter are legally illegal, which differentiate between the test bench and the exhaust gas measurement carried out there and normal road use. In reality, the exhaust gas recirculation rate is throttled and the vehicle's AdBlue dosage is reduced. This leads to the legal limits being exceeded in road use.

Rogert & Ulbrich recommends

It's worth being quick. The fewer kilometers you have driven and the sooner the hearing, the more you will get paid back. This also means you avoid the risk of your claims becoming time-barred. Don't miss out and act now. As leading lawyers in the emissions scandal, we are at your side with all questions about your claim for compensation and will examine your individual claims. Find out how high your claims are and how you can assert your claims for compensation in just a few seconds. We advise you free of charge and without obligation.

Der Beitrag Abgasskandal: KBA versendet seit September 2023 neue verpflichtende Rückrufbescheide wegen illegaler Abschalteinrichtungen erschien zuerst auf R&U.

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

Do you drive an Audi or a vehicle with a 3-litre engine? Then you should act now and contact us advise let. 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. 

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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. 

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Der Beitrag OLG München: Berufung der Audi AG zurückgewiesen erschien zuerst auf R&U.

Why is filling up so expensive? And why is the price of diesel so high? The price at the filling station is closely linked to the development of the oil price - and it is currently particularly high. This is due, among other things, to the fact that oil production is not running at full speed due to current events and that high demand is currently meeting a shortage of supply.

Diesel price overtakes gasoline price

The "diesel emissions scandal", which has been public knowledge since 2015, is far from over in legal terms - on the contrary! Ever new findings regarding further manipulation by car manufacturers, especially with current engines and vehicle models, ensure that more and more victims are demanding compensation from the manufacturers or dealers.

Rogert & Ulbrich recommends

The law firm, which has been in existence for 15 yearsRogert & Ulbrichhas made it its mission to fight on behalf of injured consumers nationwide. The broad team of lawyers and business lawyers not only helped within the framework of the emissions scandal has already compensated thousands of defrauded customers for damages and has thus made a valuable contribution to achieving justice. Our initial consultation is free and non-binding. Get advice without obligation.

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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.

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