Schlappe for Volkswagen in the exhaust scandal: The group has to pay the driver of a Sharan 26,000 euros, decided judge in Koblenz. Thus, the legal risks for the company continue to grow.
Julian Stratenschulte / DPA
Logo sparkling, Image not: VW has to pay damages
Wednesday, 12.06.2019
20:24 clock
VW has suffered a painful defeat in the exhaust gas scandal before the Higher Regional Court (OLG) Koblenz. The 5th Civil Senate of the Higher Regional Court obliged the company on Wednesday, “for intentional immoral damage” to pay damages.
For the first time, a higher regional court has condemned the auto company itself. So far, second-instance verdicts were only lost for some VW dealers, which is less dangerous for the Group. The procedure is now probably to Federal Court (BGH). He was already in a so-called Note decision extremely critical of Volkswagen’s motor manipulation expressed. Ammunition also delivers the verdict to the approximately 400,000 VW customers who have participated in a model declaration suit.
Sharan driver to get 26,000 euros
The plaintiff from the district of Bad Kreuznach should receive from VW 26,000 euros. He had purchased a used VW Sharan with a diesel engine EA 189 for 31,000 euros and later of Volkswagen the full purchase price reclaimed. This request had rejected the district court Bad Kreuznach in the first instance. The remaining amount was deducted by the judges as a benefit for the miles driven.
The OLG held VW before, the Sharan “under conscious concealment of the inadmissible software programming brought into circulation”. With this exist “the danger of operating prohibition and vehicle suspension”. That was a damage. In a resale there is a loss of value. VW acted immoral.
The Higher Regional Court emphasized that “large numbers of state authorities, competitors and end users have been systematically deceived for profit maximization”. It was therefore excluded that the VW board or at least the head of the development department would not have known the manipulations.
VW interpretation veils more than she explains
Nationwide it was for the fourth time a second-instance verdict against the car maker been made, relativized a VW spokesman the verdict. On the other hand, 25 OLG judgments were in favor of Volkswagen or VW dealers.
This interpretation obscures more than it explains. In fact, previously OLG judgments had only fallen against VW dealers. They pose fewer risks for the carmaker than if he is convicted for his own wrongdoing. Behind the 25 judgments in favor of VW hiding almost exclusively judge sayings for dealers. For the benefit of the group, only the OLG Brunswick ruled.
The OLG verdict from Koblenz hits the VW group hard, because he delivers far more weighty lawsuits fresh ammunition. In these are not traders of VW in the sights, but the company and its liability for torture itself.
One positive news is the OLG decision for the VW customers who participated in the model declaration action of the Verbraucherzentrale Bundesverband (vzbv). The association wants to let say in court that the car company must compensate its customers because of the manipulated diesel engines. The legal service provider MyRight in turn fights for another 40,000 customers directly against the Group and claims damages. Together, the proceedings could be expensive for VW, if the courts on the track of the Higher Regional Court Koblenz.
The verdict is a good omen, says lawyer Ralf Stoll of the law firm Stoll & Sauer, which represents more than 30,000 VW owners and has already filed over 3000 lawsuits. “Victims nationwide can now enforce their claims more efficiently and return their vehicles to VW.”
VW, however, does not want to accept the verdict. “We consider the judgment to be legally flawed and will appeal against it,” said the VW spokesman with a view to the Koblenz judgment. This would go to the Federal Court (BGH).
The car buyer, who won in front of the Higher Regional Court Koblenz, was “cautiously optimistic” with regard to this. VW had offered him before the OLG decision, the repayment of the Sharan purchase for a good 21,000 euros – but he had knocked out. The VW spokesman added: “Clarity on specific legal issues, we expect only by a judgment of the Federal Court.” There is still no final BGH decision in the VW exhaust scandal.