Braunschweig Higher Regional Court
The fronts between the parties to the dispute were still hardened in the first negotiations.
Düsseldorf, Berlin Always has Volkswagen noted that the United States and Germany are not comparable. There have been violations of the law by diesel manipulation on the American car market, but not in this country. Therefore, German drivers could not count on compensation. But suddenly everything works very differently.
In the model process to take possible compensation for hundreds of thousands of diesel drivers Volkswagen and the consumer association VZBV on comparative talks. This was announced by VW and VZBV on Thursday. This increases the chances of the approximately 444,000 participating plaintiffs in the proceedings at the Braunschweig Higher Regional Court to enforce claims against VW for the loss in value of their cars.
“The common goal of VZBV and Volkswagen is a pragmatic solution in the interests of the customers”, it said in the short message from both sides. The talks are at a very early stage. “It is open whether a settlement will be reached.” With the settlement negotiations that have now begun, the VW Group is hinting for the first time that compensation in this country could also be paid.
From Volkswagen’s perspective, everything went according to the rules in Germany and Europe, With the software updates implemented since 2016, the diesel vehicles concerned would have retained their operating license. German and European customers were therefore not harmed.
The VW group does not comment on how high possible compensation payments could be in Germany. A spokesman declined to comment. The Group has not yet made provisions for possible settlement payments in Germany.
In the United States, where Volkswagen admitted to violating the law, the Wolfsburg-based automaker had to provide more than $ 10 billion in compensation for around 600,000 affected drivers. In individual cases, buyers of larger vehicles in the United States were paid up to $ 40,000 by Volkswagen.
Since 2015, the VW Group has created around 30 billion euros in provisions to deal with the scandal. How high the compensation could end up in Germany is still completely open at the moment. However, the sums are unlikely to be as high as in the United States because most of the cars were continued in Germany.
If the VW group agreed to pay an average of 1000 euros, the group would face additional burdens in the middle of a three-digit million amount. Daimler had issued a workshop voucher for 100 euros to diesel customers in Germany last year if they had brought their car to the workshop for a software update.
A decisive impulse for Volkswagen’s change of heart the Higher Regional Court in Braunschweig should have given on November 18. The second hearing of the model declaratory action was scheduled for that day.
The presiding judge Michael Neef then appealed to VW: “You should try to find a comparison. Customers would also thank you if the process were shortened. And maybe decide to go for a group car again. ”A day later, the car company said that“ a comparison has so far been hard to imagine ”.
Probably the statute of limitations also played a decisive role in the fact that VW announced the settlement talks on the first working day of the new year. Volkswagen is certain of its cause that diesel fraud in Germany will expire on January 1, 2020 at the latest. According to this legal opinion, only the plaintiffs of the model declaratory action can receive damages.
Millions of other diesel drivers were left out. The financial consequences for Volkswagen would thus be kept within clear limits. Some higher regional courts (OLG) share this view. Volkswagen justified the change of heart with the “interest in a speedy procedure”.
The diesel scandal – the video report
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