Volkswagen needs to stand for his exhaust trickery just and suit the car drivers to compensate for the damage. In the diesel scandal, the Federal court is the route for many Thousands of outstanding judgments. VW continues but on a different path.
Karlsruhe (dpa) - tens of thousands of Diesel drivers is in the exhaust gas scandal damages from Volkswagen. The Supreme civil judge of the Federal court of justice (BGH) stated that the use of illegal exhaust systems in millions of vehicles was unconscionable, and the buyers suffered damage.
auto owners who still argue with VW to court, can give back to their car and the money demand. This applies both for New and for used cars. The purchase price you must but the mileage credit. It is the first high court judgment from Karlsruhe to the VW diesel scandal. (Az. VI ZR 252/19)
The decision is ground-breaking method for many Thousands of ongoing court. The group immediately announced to the applicants to approach and to make comparable offers.
In their ruling, the judges noted that the manipulation of Volkswagen "are not objectively qualify as immoral". VW had fitted the millions of Diesel cars with illegal exhaust gas technology, with the help of the nitrogen oxide limits have not been complied with in the case of the Tests on the test bench, but on the road.
So, the conclusion of the judge, deceived the Wolfsburg-based carmaker the Kraftfahrt-Bundesamt (KBA), through the long years of systematically and consciously and intentionally to maximize profits, and on the Basis of a fundamental strategic decision.
The mass of Software Manipulation was not only associated with an increased burden on the environment, - stated in the judgment. There was also the risk that the affected cars will lose the Expose of the scandal of the operating licence.
compared To the buyers that this was "particularly reprehensible and do not agree with the basic values of the legal and moral order". Their innocence and trust had been exploited, said the presiding judge Stephan seiter.
The Federal court of justice confirmed its decision is Essentially a judgment of the higher regional court (OLG) in Koblenz. It had obliged the VW group, to reimburse the purchaser of a used VW Sharan a good 25 600 euros plus interest. The man had argued that he had to trust the advertisements and believed to have a clean car bought.
the Supreme court judges assume that the man would have bought the car if he had known of the illegal technology. His damage was that he got a car, "for its purposes does not fully viable". It was, after all, been alone depends on luck, whether the defect will be revealed. The VW later offered a Software Update kills the core from the point of view of the judge the Problem. "The damage is in the unwanted conclusion of the contract" was created at the time of purchase, said outsider.
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.
The court of appeal had come to the conclusion that senior employees and members of the management Board of VW knew about this, at least, and it would have been approved. Because otherwise VW had not delivered in the process. Against this score, the Supreme court has no objection.
Against the Koblenz ruling, both sides had lodged an appeal. The plaintiff, Herbert Gilbert, had paid 2014 just 31.500 euros for the used 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. There is no damage.
Gilbert was happy about the verdict, because of the deduction for the mileage but from a "bitter aftertaste". Too high of this so-called compensation for Use in his case but is not. The court of appeal had adopted Gilbert's Sharan for a total mileage of 300,000 kilometres. He had bought the car with 20,000 miles on the odometer and was only driven about 50,000 kilometres.
VW had criticized the 300,000 kilometers were too much, Gilbert, in turn, keeps the value much too low. According to the BGH, the judges of the lower courts, however, have a wide game space. The OLG would also be able to more or less appreciate. A package specification for every car, the court considers not offered.
According to VW figures, some 60,000 procedures nationwide are still open. For many of them the Supreme court ruling is an important decision. The car maker now wants to move as many claimants out of the current method, a comparison to agree. It will provide payments as a "pragmatic and simple solution," said the group. How much money there is, depends on the individual case. Plaintiff could keep your car, but also. Who rides by judgment for damages only, it must, however, give back.
Many of the plaintiffs had compared previously individually with VW. The group had tried in this way also, to terminate the procedure and to avoid the court's jurisprudence with potentially wider impact.
Many legal questions remain, however, even after the Supreme court decision unclear. The judges have scheduled for July already, the next three negotiations to other diesel buyer lawsuits, with more to follow. In the context of a pattern for a declaratory judgment, negotiated settlement that according to VW, about 240,000 Diesel-owners have accepted, has the judgment to have any effect.
judgment of the OLG Koblenz of 12. June 2019
Details of the plaintiff-firm to the case,
VW info on the process
so Far the only Supreme court decision on Diesel from 8. January, 2019
ADAC about the legal situation and possible claimsUpdated Date: 26 May 2020, 18:33