If the buyers knew about the manipulated engines in their cars, they are not entitled to any compensation. The Federal Court of Justice has now ruled that. Not only because of this, Volkswagen can now save considerable sums of money.
KBuyers of a manipulated VW diesel are not entitled to compensation if they acquired the vehicle after the diesel scandal became known. That was the verdict of the Federal Court of Justice (BGH) on Thursday inKarlsruhe. This dismissed the lawsuit of a customer who had only acquired a used VW Touran in August 2016 for a purchase price of € 13,600.
After the VW group itself admitted the irregularities in September 2015, one could no longer speak of fraudulent deception of ignorant customers, so the reasoning. On September 22, 2015, the VW Group issued an ad hoc announcement about irregularities in the software used for exhaust gas control in diesel engines. The company is working on the discrepancies between the emission values on theTo eliminate the test bench and the higher values in real driving operations with technical measures. There was also a press release that was reported in the media.
The judgment is one of a number of decisions that the BGH announced on Thursday. “Today’s judgments are an important step towards the final conclusion of the 60,000 pending Diesel proceedings. The essential legal questions have now been clarified, ”said a VW spokesman. The BGH had previously ruled that frequent drivers of a VW car with a manipulated diesel engine were less entitled to compensation. The claim for damages is limited by the use of the vehicle. The VI decided that the deduction of the kilometers driven in the meantime for frequent drivers can even mean that nothing is left of the claim for damages. Civil Senate.
This judgment (Az. VI ZR 354/19) also shows that Volkswagen does not have to pay any so-called tort interest. The customers affected by the emissions scandal would have received a fully usable vehicle in exchange for the purchase price. That compensated for the loss of the possibility of using the money.
Tort interest can become due when someone “deprives” someone of something or money. The classic case is theft. This was about the question of whether VW owes successful diesel plaintiffs interest on the money put in the car in addition to compensation. Regional and higher regional courts had sometimes awarded four-digit sums. The Wolfsburg-based automaker is silent on the overall scale. But the group’s BGH lawyer had said that because of the large number of proceedings, a lot of money was involved.
The buyer does not get any money back
In the present case, a customer had bought a used VW Passat with – as it turned out afterwards – a manipulated diesel engine for 23,700 euros in 2014. The speedometer showed 57,000 kilometers. When the car was shut down in June 2018, the customer had driven almost 200,000 kilometers with it. The BGH has now finally decided that the claim for damages has been completely consumed. Interest on the damage due to immoral deception was also denied by the BGH. As a result, the buyer does not get any money back.
In May, the BGH sentenced VW to pay damages for immoral damage. Because of the deliberate deception, the buyers are entitled to a refund of the purchase price, but have to credit the interim use and return the car to VW.