The Federal court of justice (BGH) is pushing ahead with the refurbishment of the VW diesel scandal. Shortly before the summer break, the Supreme civil judges in Karlsruhe have agreed on two further claims for damages claims of Diesel buyers against the Volkswagen group. It was the clarification of important issues.
The basic line, the Supreme court has come out with its first Diesel-judgment of 25. Of may already. It is found that the Wolfsburg-based car maker has its customers aware of the deceived, and therefore, in principle, be held liable. In the calculation of damages to be plaintiff, but the mileage credited.
case 1: No compensation from VW for Diesel purchase to the fall 2015
other decisions were announced at the Thursday lunch. The most important question is whether the group of plaintiffs is also liable, then compensation is that if they have bought their car only to Blow the exhaust gas fraud in the fall of 2015. The judge granted this is a negative Because from this point on, the group have not changed his behavior, a deception, and deliberate immoral injury of buyers was observed. According to VW, the output is leading the way for around 10,000 is still an open procedure. (Az. VI ZR 5/20)
For the time before the scandal, the BGH assumes that the group has its customers aware of the deceived, and therefore, in principle, be held liable. In the calculation of the claims need to be Concerned on the purchase price but the mileage is credited. And gets money only, who gives his car back. Chief financial officer – Live will-Online-conference on 3. August!
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Already at the higher regional court of Koblenz, the plaintiff was assumed to be empty. Given the extensive media coverage, the OLG could not imagine-the judge that someone from the scandal could not have noticed. In any case, Volkswagen was to blame, no deception. The defendant was informed about the issue publicly, and “done everything possible to prevent that a buyer would purchase from you with the engine EA 189-equipped vehicle in ignorance of the built-in shift logic”.
case 2: No offence rates for Diesel-plaintiff – a lot of drivers go blank from
on The other, it was in Karlsruhe, the question is whether VW will have to pay in addition to the owed sum and interest. This would be for the purchase of the cars due. And it makes quite a noticeable difference: The woman in the case had awarded the courts the courts below 3,000 Euro in damages. The higher regional court (OLG) of Oldenburg to hit even 1800 Euro interest rates. (Az. VI ZR 397/19)
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The judge made on Thursday corresponding to the hopes of the Diesel-plaintiff, but not destroyed. The group must be deceived Diesel buyers damage rate, but no so-called tort to pay the interest, as the Supreme court ruled. The judge also decided that a lot of drivers out may be blank. It may happen that the purchase price to be refunded after offsetting the kilometres travelled, there is nothing left. (Az. VI ZR 354/19, etc.)
tort interest may be due if someone another, deprives one thing or the money””. Classic case of a theft. Here, it was a question of whether VW’s successful Diesel-claimants in addition to damages, interest on the in the car plugged owes money to. The Supreme civil judges see no reason. Affected customers had received in exchange for the purchase price of a fully usable vehicle, said the presiding judge Stephan seiter. The got compensates for the loss of use of money.
- you can read more on the topic: a lot of drivers are probably empty – this means the judgment specifically,
regional and higher regional courts had, in part attributed to four-digit sums. The Wolfsburg-based carmaker is silent for the entire order. But the Supreme court-a lawyer for the group said, because of the large number of procedures, it is going to be a lot of money. The decision of the drivers, according to Volkswagen, however, only affects a relatively few similar cases. Owners of older cars were more likely to have complained rarely.
In the model of the case before the BGH, it was a VW Passat, which now has around 255.000 km on the odometer. The Oberlandesgericht (higher regional court) of Braunschweig, had estimated that an average Passat only 250 000 km. So the mileage was exhausted. The Supreme court confirmed this judgment. That the plaintiff could get no damages more, was reasonable. The financial loss by purchasing to be compensated in this case by the use of the car is already complete. Tourists not paying attention: Pay for your trip just with PayPal or credit card! FOCUS Online tourists not paying attention: Pay for your trip just with PayPal or credit card!
pom/dpa
