The district courts of Münster and Heilbronn have made further consumer-friendly decisions in the diesel scandal surrounding the 4.2 liter V8 engines. With judgments of June 22nd, 2021, 15 O 266/20, and of July 1st, 2021, I 3 O 4/21, the courts sentenced Porsche AG to the complete reversal of the sales contracts for a Porsche Cayenne 4.2 liter V8 diesel. All owners of vehicles from the Porsche and Audi brands with 4.2 liter diesel engines should act now, since in many cases the statute of limitations threatens to expire at the end of 2021.
According to the Federal Motor Transport Authority (KBA), many of the VW Group’s premium models equipped with a 4.2 liter V8 engine are equipped with impermissible disconnection devices. For this reason, vehicles of the Porsche and Audi brands, in which the engines with the type designation EA898, EA896 (Gen2) or EA897 developed by Audi AG, are installed, have been called to the workshop for a long time due to mandatory recalls by the KBA.
If you have made a conscious decision in favor of a high-priced vehicle from the premium segment, of course you do not want to be fobbed off with a software update that is not precisely specified in terms of its mode of operation and its consequences.
After the Schleswig Higher Regional Court had already found the owner of a Porsche Cayenne S Diesel to be right in a fundamental decision of August 7th, 2020, 1 U 119/19, the damages judgments against Porsche and Audi have recently increased. The LG Heilbronn currently sentenced Porsche AG and Audi AG as joint and several debtors to compensation for the manipulation of the 4.2 liter diesel engine in a judgment of July 1, 2021, I 3 O 4/21. The LG Münster also ruled against Porsche AG with a judgment of June 22nd, 2021, 15 O 266/20. In its well-founded decision, the LG Münster emphasized that the presence of an inadmissible defeat device already follows from the undisputed publication of the KBA on March 18, 2020.
The decisions of LG Münster and LG Heilbronn are part of a series of successful proceedings against Audi AG relating to the large diesel engines of the type EA898, EA896 (Gen2) or EA897. For example, in a by the law firm Dr. Hoffmann & Partner Rechtsanwälte won the final and final judgment of the Nuremberg-Fürth Regional Court on February 26, 2021, and the owner of an Audi A8 was awarded damages. In another proceeding conducted by our law firm, the Nuremberg-Fürth regional court awarded an Audi Q7 driver a compensation amount of € 76,526.18 in a judgment of August 18, 2020.
Owners of vehicles of the brands Porsche and Audi with 4.2 or 3.0 liter diesel engines should therefore pursue and enforce their claims for damages with all consistency. Those affected must act soon. After the first recalls were made in 2018, courts could set this as the start of the statute of limitations. According to this, the claims would expire at the end of 2021. Car owners should therefore no longer put the matter on the back burner, but should seek expert legal advice soon.
We would be happy to examine your case more closely. We offer you the option of a free and non-binding initial consultation. If you have legal protection insurance, we will be happy to clarify the assumption of costs for you.
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