2015 flies on the VW exhaust scandal. In 2020, arguing Diesel buyers are still for their right and their money. A principle ruling paves you the way. For many others, it comes too late.
Karlsruhe (dpa) - The financial consequences are painful, and for the damage to the image and that is also true: In the diesel scandal VW conceded before the Federal court of justice (BGH) a severe defeat.
With the Karlsruhe judgment of 25. May is detected for the first time the highest court, and that the car manufacturer has harmed its customers with intent is immoral. For many Diesel-plaintiff is a breakthrough, even if there are still open questions. (Az. VI ZR 252/19)
decision of the Supreme civil judge?
it was Undisputed that VW has equipped millions of vehicles with illegal exhaust systems. With the Supreme court ruling and is now, The group is committed to suit the buyers, therefore, to claims for damages. VW have not only the authorities systematically deceived, but also to the customers "particularly reprehensible" behavior. This would have been chosen in confidence for a VW Diesel and a car actually not get that was "fully usable". There have always existed the danger that the hoax is discovered, and the Kraftfahrt-Bundesamt (KBA), moves the cars out of the traffic.
compensation - what does that mean exactly?
basically, VW needs to make the buying back, so take back the car and the customer paid the money back. This is true even for second-hand cars second-Hand. However, the Supreme court ruling takes into account that the buyers have driven the car for some time, and thus benefited from it. This use must be credited. It does not return the full price. The money is not distributed with the watering can to all those Affected: compensation for damage can only get the customers that VW have already sued, and the process is still running.
Who benefits from the judgment?
plaintiffs such as Herbert Gilbert from the Rhineland-Palatinate, whose case has now landed as the first in front of the Supreme court judges. His VW Sharan, he buys of 2014 of a free trader, used, for around 31.500 euros. As in the autumn of 2015, the diesel scandal blows up, he feels deceived. Also in his car, a Motor of the type EA189, whose illegal technology ensures that the car complies with the exhaust emission limits only on the test bench and not on the street's. So he sued VW. If he had known, he would have bought the Sharan never, he says.
What are the deductions must he take?
Gilbert car is not driven much. When buying it has 20,000 kilometers on the odometer. As the higher regional court (OLG) Koblenz negotiated his case, in 2019, it is good for 72,000 miles. The OLG judges assume that the Sharan would bring it to a mileage of 300,000 kilometres. From these values, calculate the so-called compensation for Use, in this case, just under 5900 Euro. This sum will be deducted from the purchase price. The bottom line is that Gilbert gets around 25,600 Euro in damages awarded.
hope other plaintiffs in similarly high amounts?
The Supreme court judges have the Koblenz ruling largely confirms. In particular, they have no Problem with the 300,000 km mileage. The courts have a wide margin of, say, the Senate Chairman Stephan seiter at the announcement. The OLG would have been able to appreciate "in this respect, more or less". Nevertheless, Gilbert is likely to be above average, fared well, because many of the plaintiffs have returned with their cars a lot more miles. That means higher deductions for the customer and less cost for VW.
to Whom does the judgment still does not help, and to whom?
According to VW, yet approximately 60,000 procedures are currently pending, neither has been legally decided yet finished by comparison. Anyone who has been involved in the pattern declaratory of the consumer centers against VW and the already negotiated the comparison suppose that a renunciation of further claims, can't complain. And for that, many have decided: To the group-have now been completed approximately 240,000 comparisons, only around 1,000 have been revoked. New claims are no longer possible. "Who now, for the first time because of his EA-189-diesel's claims due to Statute of limitations too late," says the ADAC, the German legal expert Markus Schäpe.
What to do Volkswagen now?
It let not only to 60,000 court decisions to arrive. It will provide payments as a "pragmatic and simple solution," announces the group immediately after the pronouncement of the judgment. So the process should be completed "in the agreement with the plaintiffs in a timely manner". Many plaintiffs would not be interested in your car and buy new ones, argues VW. Once payments were, therefore, "the best solution". "How high this will be, depends on the individual case."
How is it otherwise?
The Supreme court has scheduled for July already, the next negotiations. Because of the case, Gilbert is an example. But there are still other constellations. Approximately 10,000 plaintiffs have purchased your car, as the diesel scandal was already known. These cases VW wants to continue legally by fencing. Others have not complained against VW, but against your car dealer. And then there are also numerous lawsuits against other automakers - for example, against Daimler. Furthermore, it is not decided in a criminal process against Ex-VW boss Martin Winterkorn yet. Under civil law, investors argue damages.
Supreme court notice to judgment
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: 25 May 2020, 22:34