Due to exhaust-scandal – Volkswagen damages number into a groundbreaking judgment of the German Federal court of justice in Karlsruhe has made a driver of a Diesel-scandal affected vehicle damages in view. This paves the way for thousands more claims against the large group. 1 Kommentar1Es could be expensive, Volkswagen must pay the Diesel affair damages.Photo: Swen Pförtner, DPA/Keystone
In the VW exhaust scandal, argue tens of thousands of German Diesel-driver in court for damages. The first Supreme court judgment strengthens your back and could lead to the German Volkswagen group tax.
For tens of thousands of Diesel drivers in the way for damages of Volkswagen is free. In his first judgment to the VW exhaust scandal, the German Federal court of justice (BGH) found in Karlsruhe on Monday, that complaining buyer can return your car and get the money for that claim. The purchase price you must but the mileage credit. (Az. VI ZR 252/19)
The Supreme civil court confirmed its decision, a buyer-friendly judgment of the higher regional court (OLG) in Koblenz. It had obliged the VW group due to intentional immoral injury, to reimburse the purchaser of a used VW Sharan a good 25’600 Euro plus interest. The man had argued that he had to trust the advertisements and believed to have a clean car bought.
Illegal exhaust technology
The scandal of the illegal exhaust technology in millions of VW vehicles was flown in the fall of 2015. At the time, it came to light that the nitrogen oxide emissions of the engine type EA189 were much higher, as the Tests on the test bench showed. Responsible a Software, which enabled the full exhaust gas cleaning only to the test was.
Against the Koblenz ruling were appealed to both sides to Revision. The plaintiff had paid for 2014 just under 31’500 Euro for the car and wanted to get back the full price. VW didn’t want to pay anything. The car maker had always argued that the cars were at all times fully usable. The customer was, therefore, incurred no damage.
The Federal court of justice dismissed with its principle of judgment, the Revision of the Diesel-buyer and, in the Main from VW. The line for many Thousands of ongoing court proceedings before. So far, the lower courts had ruled in very different ways.
60’000 procedure
According to VW figures are nationwide with about 60’000 pending, so not a final decision or comparison ended. The Supreme court ruling is, for many of these cases, an important position. Nevertheless, many rights are still questions unresolved. The judges have scheduled for July already, the next three negotiations to other Diesel-cases, with more to follow.
in the context of a pattern for a declaratory judgment, negotiated settlement that according to VW, around 240’000 Diesel-owners have accepted, has the judgment to have any effect.
(SDA)
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