In the legal proceedings surrounding the exhaust gas fraud scandal, a new judgment has been made by the Federal Court of Justice. The court ruled that cheated customers must direct claims for damages to the car manufacturer, rather than the engine supplier. As a result, a lawsuit filed by a vehicle owner whose Porsche had a diesel engine from Audi installed was dismissed. The presiding judge of the Diesel Senate, Eva Menges, stated that “claims for damages cannot, in principle, be directed to the manufacturer of the engine, but must be addressed to the manufacturer of the car.”
The reasoning behind the judgment lies in the fact that the car manufacturer issues certificates to buyers, guaranteeing compliance with European standards and all legal requirements. The engine manufacturer is not involved in this process. Additionally, the certificate of conformity, which certifies that the car is in compliance with EU legal requirements, must be included with every car. In this particular case, there is no evidence of intentional immoral intent on the part of the engine manufacturer, hence they cannot be held accountable as an accomplice of Porsche.
The lawsuit was initially successful at the district court in Osnabrück, where the buyer of a used Porsche Macan, equipped with an Audi EA897 diesel engine, was awarded damages. However, the decision was overturned by the Higher Regional Court of Oldenburg. The Diesel Senate has now upheld this decision. One of the key factors contributing to this verdict is the buyer’s inability to prove whether the defeat device in the car had been removed by Audi at the time of purchase or after the contract was signed. The buyer’s claim of ignorance was also deemed insufficient justification for liability.
This judgment by the Federal Court of Justice refers back to a landmark decision made on June 26, 2023, which states that the car buyer must prove the presence of a defeat device, regardless of whether it is permissible or not.
In conclusion, cheated customers seeking damages for the exhaust gas fraud must direct their claims to the car manufacturer rather than the engine supplier, according to the recent judgment by the Federal Court of Justice. The certificate of conformity issued by the car manufacturer, which guarantees compliance with EU legal requirements, plays a crucial role in determining liability. Furthermore, the burden of proof lies with the car buyer to demonstrate the presence of a defeat device.
