Diesel plaintiffs who bought their car after the emissions scandal became known in autumn 2015 are not entitled to compensation from Volkswagen. From this point on, the group changed its behavior, judged the Federal Court of Justice (BGH) in Karlsruhe on Thursday. A deception and deliberate immoral damage to buyers can no longer be determined. (Az. VI ZR 5/20)
The highest civil judges rejected a man’s revisionwho bought his VW diesel used only in August 2016. The VW Touran Match had cost 13,600 euros at the dealer and was equipped with a 2.0 liter EA189 diesel engine, Euro 5 emissions standard. The model case from Rhineland-Palatinate is, according to VW, exemplary for around 10,000 still open cases.
Volkswagen went public on September 22, 2015 with an ad hoc announcement to the shareholders and a press release. From then on, the topic was big in the media for months. At that time, Volkswagen had also set up a website where car owners could check whether their car also had an engine with the illegal exhaust technology. “” Thus, the defendant’s notification of September 22, 2015 was objectively suitable to destroy the confidence of potential buyers of used cars with VW diesel engines in a proper exhaust technology, thus to eliminate innocence in this regard, “write the BGH judges.
Against this background, it can be assumed that essential circumstances that previously spoke in favor of deception should have been eliminated in autumn 2015, said judge Stephan Seiters. Based on the ad hoc announcement, buyers could no longer have expected the exhaust technology to meet the requirements. The fact that VW had only reacted under pressure and could possibly have done more to solve the scandal is no longer sufficient for the accusation of immoral damage. The Trier regional court had already dismissed the complaint, and the Koblenz Higher Regional Court rejected the plaintiff’s appeal.
In its first diesel judgment of May 25, the BGH found that Volkswagen deliberately misled its customers and is therefore principally liable. When calculating the claims, those affected must have the mileage covered against the purchase price. You only get money if you return your car. This means that the other 50,000 or so ongoing proceedings have ultimately been decided. The group no longer wants to fight these cases in court, but instead want to offer each claimant an individual sum. Anyone who gets involved should be allowed to keep their car.
The judges announced other diesel judgments this Thursday. As a result, VW successful plaintiffs do not have to pay tort interest on the money put in the car in addition to the damages. Frequent drivers can no longer get any money at all. (with material from dpa) /