Emissions scandal: BGH negotiates claims for damages against Audi

In the diesel scandal, most Audi buyers sued the parent company VW for damages – but there are also claims against Audi directly. On Thursday (9 a.m.) the highest civil judges of the Federal Court of Justice (BGH) will hear four new cases. Whether there is already a judgment is open.

The background to this is that the EA189 scandalous engine is also found in some of Audi’s diesel models. But it was developed at Volkswagen. “Therefore, from our point of view, there is no allegedly immoral and damaging deception,” said an Audi spokesman.

What did those responsible for Audi know?

The BGH has already ruled twice on claims for damages against Audi and has set very high hurdles in the process. The mere fact that the engine was also used by the Ingolstadt-based car manufacturer has so far not been enough for the Karlsruhe judges. They demand concrete evidence that those responsible at Audi at least knew about the exhaust gas fraud. A “attribution of knowledge” beyond the boundaries of the group companies is not possible.

The cases now all come from the Munich Higher Regional Court, which had awarded the plaintiffs damages. The judges there said that Audi had fraudulently deceived its customers. It seems to be impossible that the engine could have been installed almost blindly without own testing and knowledge of the essential characteristics. Audi has appealed against these rulings. (Az. VII ZR 238/20 et al.).

Lawsuits against VW are possible

At VW, the BGH assumes that the use of illegal exhaust technology in millions of vehicles must have been based on a strategic decision at a high level. Authorities and customers have been systematically duped. Therefore, claimants who meet the requirements can in principle return their car to VW. However, you do not get the full purchase price back, but have to count the kilometers driven.

Only comparatively few claims for damages are directed against Audi because of the EA189 engine. The automaker speaks of a low four-digit number of ongoing proceedings.

But there are also lawsuits about other diesel engines that were manufactured directly by Audi. Two such cases are to be heard for the first time in Karlsruhe on December 16. (dpa / swi)

Also read:

“Suspicion of aiding and abetting fraud”: Investigations against ex-Conti managers in the VW emissions scandal have been expanded again

Proceedings against VW: Judges saw inside information as early as 2008

BGH ruling in the emissions scandal: Audi is not automatically liable – high hurdles for plaintiffs

From the data center:

Development of pure diesel cars in Germany from January 2019 to October 2021

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Lenny Li

I started to play with tech since middle school. Smart phones, laptops and gadgets are all about my life. Besides, I am also a big fan of Star War. May the force be with you!

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