Status: 25.11.2021 4:03 p.m.
Did one of those responsible for Audi know about the manipulation of the diesel engines that VW supplied? Yes, found the Munich Higher Regional Court. The Federal Court of Justice has now confirmed this judgment. That has consequences.
There were four cases of car buyers suing Audi for damages. In all cases, a VW diesel engine with illegal exhaust technology was installed in the Audi vehicles. The decisive question, which is legally important, was: Did anyone in charge at Audi know about the cheat software? In this case there is a right to compensation.
Judges approve the arguments of the lower court
The lower instance, the Munich Higher Regional Court, had answered in the affirmative. It is unthinkable that at least one of those in charge at Audi did not have knowledge of exhaust technology.
The Federal Court of Justice has now approved this assumption. It had been reasoned carefully enough by the Higher Regional Court. After this BGH ruling, the chances of those affected to assert themselves in the lower courts also increase. However, very few of the car owners concerned have sued Audi directly. Most of the lawsuits were directed against VW.
Decision different than in the past
In earlier cases, Audi was able to prevail at the Federal Court of Justice. At that time, the federal judges missed concrete evidence that those responsible for Audi knew something about the illegal exhaust technology. The BGH has now assessed this differently.
(Az: VII ZR 238/20, VII ZR 243/20, VII ZR 257/20 and VII ZR 38/21)