Porsche has to pay a fine of 535 million euros in connection with the exhaust gas scandal. Porsche is thus already the third manufacturer from the VW group, which was sentenced in connection with the diesel scandal to a fine. Previously, the VW subsidiary Audi had already paid around 800 million euros, the parent company VW even around 1 billion euros in fine.
The prosecutor Stuttgart imposed the fine against Porsche for negligent violation of the duty to supervise. Porsche has already waived the right to appeal, thereby accepting the fine.
According to the competent investigation authority, it has come to Porsche since 2009 in diesel vehicles with V6 and V8 engines to increased nitrogen oxide emissions. The whole is based on the fact that the manufacturer Porsche the type approval Euro 6 by the use of the inadmissible defeat device and thus deceived the buyer has been deceived. The Kraftfahrt-Bundesamt had previously ordered an official recall for illegal defeat devices, which almost covered 100.000 diesel vehicles from Porsche.
The penalty does not have any direct effect on claims of Porsche customers against the manufacturer. Nevertheless, from a legal point of view, Porsche's chances of successfully defending itself against customers' complaints are likely to have deteriorated significantly.
As a violation of the duty of supervision is thus established, courts now hardly get around this aspect in their judgment.
The fine imposed on Porsche is thus very favorable to claimants who file a claim for damages against Porsche. The chances for a successful verdict have risen again. Lawyer Michael Gabler therefore advises customers who have so far hesitated in a lawsuit to seize this opportunity now to receive compensation for the consumer fraud committed by a claim for damages.