For the first time, the Federal Court takes a position on the VW diesel affair concrete position: In the illegal defeat device one must assume a material defect. This increases the chances of customers for damages.
VW with manipulated software in the workshop
Friday, 22.02.2019
15:55 clock
The Federal Court (BGH) has strengthened the legal position of VW customers in the diesel scandal. In a referral decision, the BGH stated that according to its “preliminary legal concept”, a “material defect should be assumed”. A new car with defeat device is defective, the buyer is entitled to a defect-free replacement.
This increases the chances of thousands of diesel drivers for damages. According to data from Volkswagen There are currently around 50,000 customer claims pending in Germany concerning Volkswagen AG, a Group company or a dealer. 14,000 judgments or resolutions were passed, mostly in the interests of the Group. In total, Volkswagen has sold 2.6 million cars in Germany with manipulated engine software.
VW, however, interprets the decision of the BHG differently. Accordingly, no conclusions for the chances of success of lawsuits against Volkswagen AG could draw, said the car company today in Wolfsburg. For example, Volkswagen refers to the model declaration claim – in this case, the Federal Association of Consumer Advocates, representing more than 400,000 car buyers against the carmaker – has recently complained – or the complaints of the legal services provider Myright.
“Good news for consumers”
The consumer centers themselves welcome the findings of the BGH. Now it is clear that according to supreme court opinion, the use of a shutdown device of the exhaust gas cleaning is not acceptable, says the head of the Federation of German Consumer Federation (vzbv), Klaus Müller. The statement of the Federal Court of Justice has a signal effect for the Musterfeststellungsklage of its federation against VW and is thereby “a really good message” for consumers.
Many diesel drivers see themselves damaged because their cars have lost value in the wake of the exhaust gas scandal. In addition, in some cities they are no longer allowed to drive on individual roads or entire areas.
The reason for the BGH communication is the short-term cancellation of a hearing on February 27th. On this day should actually be negotiated on the first lawsuit in connection with the diesel scandal, which has made it to the BGH. The plaintive car buyer had withdrawn its appeal because the parties had compared.
Plaintiff withdrew complaint after comparison with VW
Earlier, plaintiff lawyer Siegfried Mennemeyer told the Tagesspiegel that they had compared. This means that the plaintiff got money. Consumer lawyers accuse the auto companies to make targeted comparisons in order to avoid a high court verdict. By withdrawing, the judgment of the lower court of the Bamberger Oberlandesgericht becomes final. There, the plaintiff was inferior.
The man wanted to achieve that his car dealer retracts shortly before the announcement of the exhaust gas scandal 2015 newly purchased VW Tiguan and give him another car without the problem. This was rejected by the courts on the grounds that the vehicle type is no longer manufactured in this way. It is therefore not possible to deliver a similar and equivalent car.
Replacement car is eligible
The BGH also considers this assessment to be erroneous. The seller can refuse a replacement only in individual cases, if the costs would be disproportionate.
At the end of 2018, the BGH had to cancel a January trial on a diesel lawsuit. Also in this case, the plaintiff buyer had withdrawn its appeal.
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