DPA
In the exhaust gas scandal makes the BGH concerned VW customers hope
Diesel drivers are waiting for a landmark verdict on their claims in the exhaust gas scandal. It is true that a hearing has now burst at the BGH at short notice. This time, however, the judges did not allow themselves to be deterred from making important decisions. They judge the defeat device as a “material defect” and thus strengthen the cheated customer’s back.
The Federal High Court (BGH) has the position of VW customers in the lawsuit in diesel scandal strengthened. In a referral decision published on Friday, the BGH stated that according to its “preliminary legal view” an inadmissible shut-down device in a car should be considered as “a material defect”.
A trial scheduled for next week was meanwhile revoked because the plaintiff withdrew his appeal after an out-of-court settlement.
The Federal Court as the highest German civil court nevertheless positioned itself for the first time in the legal dispute over the diesel scandal. The federal judges did not pass judgment due to the withdrawal of the revision, but nevertheless published their current assessment in the present case. Already in January, a hearing had burst due to an out-of-court settlement. Nevertheless, the reference of the BGH should have a considerable impact on the ongoing proceedings in Germany.
Volkswagen sees it differently. In the opinion of the group, the statements of the judges did not allow conclusions to be drawn about the prospects of success of such actions. In the first place, no conclusions could be drawn for the chances of success of lawsuits against Volkswagen AG. For example, Volkswagen referred to the model declaration suit – here it complains Federal Association of Consumer Advocates representative for last over 400,000 car buyers against the car manufacturer – or the complaints of the legal service provider Myright.
BGH classifies switch-off device as a “material defect”
In the concrete now of BGH case, a VW customer had sued a dealer. He demanded because of the built-in software, which constitutes an inadmissible defeat device in the opinion of the Federal Motor Transport Authority, a new car. In the lower courts his claim was unsuccessful.
For the first time, the BGH clarified that it currently classifies the defeat device as a “material defect”. The federal judges justified this by saying that the “danger of an operating ban” by the competent authority exists.
The federal judges also pointed out that the opinion of the Court of Appeal could be “legally flawed” in the specific case. The Higher Regional Court of Bamberg had classified the replacement of a new car as “impossible”, because the acquired from the buyer VW Tiguan of the first generation is no longer produced.
rei / AFP / dap