The German Federal Court of Justice (BGH) referred the case back to the Naumburg Higher Regional Court.
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The automaker Audi only has to pay compensation for the installation of manipulated diesel engines from VW if management knew about the manipulation. The German Federal Court of Justice (BGH) decided on Monday. The case was referred back to the higher regional court (OLG) Naumburg. It must now check whether there is evidence that Audi, as a subsidiary of VW, knew the illegal defeat device.
The OLG Naumburg had previously sentenced Audi to compensation for immoral damage. The lower court assumed that the carmaker, as a subsidiary of VW, must be aware of the illegal manipulation. Audi had appealed against this to the BGH. This overturned the judgment now. The position as a subsidiary alone is not sufficient for the assumption that Audi was involved in the decision of the parent company.
Audi is considered to be the origin of the scandal
However, Audi is considered to be the origin of the diesel scandal. This is where the idea for a shutdown device is said to have arisen, with which VW later manipulated the exhaust gas values of engines.
The case now decided was about an Audi customer who had bought a used Audi A6 Avant in May 2015. The diesel engine with the manipulated software was installed in the vehicle because Audi had bought the engines from VW.
After the so-called diesel scandal became public, there was a recall. The plaintiff's Audi vehicle also received an update in 2016. But he sued for damages due to immoral damage, demanded the purchase price and wanted to return his car in return. He must now justify his lawsuit before the OLG Naumburg and give reliable evidence of the deliberate deception on the part of Audi. (AZ: VI ZR 505/19)
According to a spokesman, the number of claims for damages for immoral deception against Audi is in the low four-digit range. Numerous Audi customers had reached a settlement as part of the model declaratory action against VW.
