Volkswagen nimmt im Spätkäufer-Verfahren die Berufung zurück!

Compensation despite purchase after ad-hoc notification.

Following the sensational verdict in Ingolstadt, the leading law firm in the emissions scandal, Rogert & Ulbrich, can claim another success in the case of a so-called late buyer.
So exactly the buyer who is responding to the statements of the Volkswagen Group after the announcement of the emissions scandal, trusted. Everything was supposed to get better now. But VW customers were bitterly disappointed by both the company's subsequent behavior and the Federal Court of Justice's decision at the end of July 2020.

The current case before the Higher Regional Court of Frankfurt am Main concerned the rescission of a VW Tiguan that had been purchased as a new car. On 24 October 2015, just over a month after the publication of the ad hoc announcement Volkswagen AG bought the car for just under 30,000 euros.

The time of purchase of the fraudulent car is irrelevant. Judgment legally binding.

In the first instance, the regional court in Hanau ruled in favor of the plaintiff and ordered Volkswagen AG to pay 23,289 euros and to take back the fraudulent car (Hanau Regional Court of May 21, 2019, case number 1 O 1518/18). The court spoke clearly and affirmed that there had been intentional immoral damage. The use of the fraudulent software was solely intended to deceive buyers of diesel vehicles on a large scale for Volkswagen due to incompetence or profit-seeking in order to gain a competitive advantage. The time of purchase played no role in the judgment.

Volkswagen AG has now withdrawn its appeal against the Hanau Regional Court's ruling at the Frankfurt Higher Regional Court. The Hanau Regional Court's ruling has thus become final and binding - the plaintiff will now soon be able to return his diesel to the VW Group.

New arguments strongly question the contents of VW's ad-hoc announcement.

The reason for the withdrawal could be that new arguments have been put forward in these proceedings. These have called into question the credibility of the Volkswagen Group with regard to the content of the ad hoc announcement very much in question. In the ad hoc announcement, VW claimed, among other things, that the software in question had no influence on "driving behavior, consumption or emissions." However, it is questionable what purpose the software would have served if not to comply with emission limits on the test bench that were exceeded in road use.