Again and again the Audi A6 Avant: in the diesel emissions scandal, Audi AG suffered another defeat related to the EA897 engine lineup and the Euro 5 emissions standard.
In the diesel emissions scandal involving Audi AG, the Krefeld District Court sided with aggrieved consumers and ordered Audi AG to pay the plaintiff €39,400 plus interest of €5 for the delivery and transfer of ownership of the vehicle. The Audi A6 Avant in a percentage over the relevant base rate since 2 October 2020 of €13,299.21, taking into account vehicle usage fees, to exempt the claimant from loan installments from the loan agreement with the Bank of Scotland not yet due and an additional €1029.35 Plus an interest of 5% above the base rate since February 5, 2021.
The aggrieved consumer purchased the disputed Audi A6 Avant with an EA897 six-cylinder turbo diesel engine and Euro 5 emissions standard for 71,500 km on August 11, 2016 for €39,400. The Federal Motor Transport Authority (KBA) has issued a notice for the type of Audi A6 3.0 Diesel, according to which subsequent additional provisions have been requested. The KBA classified the strategies that were criticized as disallowed defeat devices and ordered the mandatory recall of the vehicles in question.
“The plaintiff’s contested vehicle is also affected by a formal summons by Kyle-Benjaman Act. The KBA ordered a recall on the grounds that an impermissible defeater was used. The KBA has issued a software update to the plaintiff’s vehicle, which is intended to update the functionality of the software in question and improve the emission behavior. Effects of an update The program on the long-term operation of the vehicle is controversial. In addition, it can be assumed that other impermissible defeat devices were installed”, says Mönchengladbach attorney Dr. Gerrit W. Hartung of the Dr. Hartung Rechtsanwaltsgesellschaft mbH (www.hartung-rechtsanwaelte.de). The law firm deals exclusively with investor and consumer protection issues and has specialized in advising those affected by the emissions scandal. Dr. Gerrit W. Hartung has been considered a “diesel advocate” from the start and won the consumer-friendly ruling in Krefeld District Court.
This reasoning was sufficient for the County Court of Krefeld to issue a consumer-friendly judgment on the basis of willful immoral harm under section 826 of the German Civil Code. At the time it was brought to market and purchased by the plaintiff, the vehicle in question had engine control software that was deliberately and deliberately programmed in order to deceive the KBA into the type approval process in such a way that legal exhaust gas limits were bypassed by an unauthorized defeat device Within the meaning of European Regulation 715/2007 / EC it is only reliably adhered to on the test bench. For a manufacturer to put a car on the market, and deliberately deceive the KBA with an illegal defeat device, is objectively unethical.