For tens of thousands of Diesel drivers is the way for damages of Volkswagen free. In his first judgment to the VW exhaust scandal, the Federal Supreme court (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 well 25,600 plus interest. The man had argued that he had to trust the advertisements and believed to have a clean car bought.
Both sides appealed Revision: Volkswagen wanted to pay anything
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.
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Against the Koblenz ruling were appealed to both sides to Revision. The plaintiff had paid 2014 just 31.500 euros 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. Volkswagen Vz. 133,96 EUR +1,18 (+0,89%) Xetra
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Around 60,000 pending
The Supreme court the Revision of the Diesel pointed with his principle of judgment-Buyer and in Substantially the VW back. The line for many Thousands of ongoing court proceedings before. So far, the lower courts had ruled in very different ways.
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According to VW figures nationwide are still about 60,000 cases pending, i.e. have not been legally determined, or by 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.
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