▷ Expert opinion brings new knowledge against Audi / Chemnitz Regional Court, lawsuit is upheld


27.10.2021 – 11:40

Rogert & Ulbrich

Erkrath (ots)

An opinion on one Audi Q5 the emission class Euro 5 puts Audi AG again in a bad light.

The different exhaust gas values ​​determined in the report on the test bench, in which the test sequence was carried out exactly the same, indicate that software is working in the engine control of the vehicle at issue and helps “optimize” the emission values.

The software recognizes whether the vehicle is in a standardized test situation and, when such a situation is recognized, selects an operating mode in which the nitrogen oxide emissions are lower than in real driving.

The reason for this report was a procedure that involved an Audi Q5 V6 3.0 TDI with the Euro 5 emissions standard. For this vehicle only a “voluntary service measure” was offered with the promotion code 23Z2. The software update was carried out by the specialist in the emissions scandal Rogert & Ulbrich law firm not let represented plaintiffs play.

Expert opinion: Emission values ​​in real driving operation are significantly higher

As part of legal proceedings, the expert checked whether the NEDC (New European Driving Cycle) was recognized in the Audi Q5 and how the vehicle reacts to certain changes in the test procedures.

The following test procedures (phases) were considered as part of the test:

  1. Move the steering on the test bench after starting and before moving off. The vehicle would have received steering information at least once.
  2. After driving through the city cycle, switch off the ignition of the vehicle once to signal the vehicle that a new driving cycle is about to begin.
  3. Reduce the ambient temperature of the vehicle compared to the NEDC standard.

Ambient temperatures of 23 degrees and 15 degrees were passed through in both phase 1 and phase 2 of the NEDC. It was found that the specified limit values ​​for NOx of 180 mg are complied with in both phase 1 and phase 2 if the outside temperature of 23 degrees Celsius is maintained. However, when the outside temperature is reduced to 15 degrees Celsius, the NOx emissions increase.

On the basis of the test, it is easy to see that the emission control system behaves significantly differently, if not exactly the Conditions are met by Engine control unit to be expected on the test bench.

As a result of the “voluntary service measure” being offered, it now also seems very likely to the courts that Audi AG is familiar with this “change in behavior” of the engine control unit. From a technical point of view, no voluntary measure would be necessary if the exhaust gas values ​​of the engine did not change significantly while driving.

In his report, the expert came to the “understandable” conclusion that an impermissible switchover logic was installed in the examined Audi Q5. This would then constitute immoral damage in proceedings against Audi AG.

The Chemnitz district court joined in one of the Rogert & Ulbrich law firm and sentenced Audi AG to pay EUR 48,775.14 and take back the Audi Q5 (Urt. vom 16.08.2021, Az. 4 O 142/21). The plaintiff had bought the car in December 2011 for EUR 63,950.

About Rogert & Ulbrich

Since 2007 the law firm Rogert & Ulbrich has been fighting nationwide on the consumer side against large corporations.

The competence of the consumer protection law firm in the management of mass proceedings is listed as defining the market in the JUVE Handbook 2019/2020, which is underlined by Proven Expert’s award as top service provider in 2021.

The firm’s own database includes all information on manipulated vehicles in connection with judgments that have been won and enables the experts to identify the optimal lawsuit strategy with the best possible chances of success. Thanks to automated processes, Rogert & Ulbrich, as an ISO 9001-certified legal tech firm, stands for first-class advice and professional support throughout the entire process.

The consumer advocates succeeded not only in obtaining the first judgment in Germany in favor of an injured VW driver, but also in being the first law firm in Germany to successfully sue Daimler AG in the context of the emissions scandal at the highest German court – the Federal Court of Justice.

The founding partners Dr. Marco Rogert and Tobias Ulbrich, in cooperation with other experts, the successful conclusion of the first German model declaratory action against Volkswagen AG in 2020 – a so far unique success in German legal history, in which a settlement of over 830 million euros was achieved for around 260,000 defrauded VW customers could be.

For FOCUS-Online, Dr. Marco Rogert, as a legal expert since 2019, has not only dealt with the complexity of the emissions scandal.

Press contact:

Nicole Wynbergen
Lawyer

Rogert & Ulbrich
Lawyers in partnership mbB
Niermannsweg 13 – 40699 Erkrath
Phone: (0049) 211 819 770
Email: [email protected]

Original content by: Rogert & Ulbrich, transmitted by news aktuell


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