Schwering Rechtsanwälte has enforced compensation for an Audi A8 in the emissions scandal. The Hildesheim Regional Court ruled on May 7, 2021 that Audi deliberately damaged the plaintiff by using an inadmissible defeat device and must pay compensation (Ref .: 5 O 8/21).
The plaintiff had acquired the Audi A8 4.2 liter TDI with the emission class Euro 6 in September 2016 as a used car at a price of 65,200 euros. The Federal Motor Transport Authority (KBA) ordered the vehicle to be recalled so that an impermissible defeat device can be removed.
The KBA criticized the so-called fast engine warm-up function. This heating strategy has the effect that nitrogen oxide emissions are reduced in test mode. In real road traffic, however, this function is mostly not active, so that pollutant emissions rise again. The plaintiff asserted claims for damages because of the use of the impermissible defeat device.
Your lawsuit before the Hildesheim Regional Court was successful. The claimant was deliberately damaged in a way that was immoral and was entitled to compensation in accordance with Section 826 of the German Civil Code.
The applicant’s Audi A8 had a significant defect at the time of purchase. Because by using an impermissible defeat device there was a risk that the vehicle would lose its approval. According to the LG Hildesheim, the fact that an inadmissible defeat device was used in the vehicle was already evident from the KBA’s recall.
Audi put the vehicle with the inadmissible defeat device on the market and at least accepted the damage to the buyer in the process. The court ruled that the plaintiff was entitled to compensation. In return for the return of the vehicle, she can request a refund of the purchase price of 65,200 euros. For the approximately 130,000 kilometers she has driven in the Audi A8, however, she has to deduct a usage fee of 34,200 euros. This leaves a claim of just under 31,000 euros.
“The larger diesel engines with 3 liters and more displacement are built by Audi within the VW Group. Vehicles with these engines also have a good chance of enforcing damages in the emissions scandal. In the meantime, the higher regional courts in Koblenz, Naumburg and Frankfurt have sentenced Audi to compensation, ”says lawyer Andreas Schwering.
More information: https://www.rechtsanwaelte-schwering.de/category/audi-abgasskandal/
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