Trotzde neuer BGH-Urteile: Abgasskandal ist nicht vorbei

The Federal Court of Justice has ruled on purchase after knowledge, tort interest and compensation for use.

In the emissions scandal, Volkswagen cannot evade its responsibility towards customers who have suffered damage, even with software updates. However, compensation for use is deducted from the compensation and there is no entitlement to tortious interest. In fact, only those who purchased their diesel before the emissions scandal became known can assert claims for damages. With these decisions on important detailed questions in the emissions scandal, the Federal Court of Justice (BGH) has deviated from its previously consumer-friendly stance. Nevertheless, the diesel scandal is far from over with these decisions - too many questions are still unanswered.

Shortly before the summer break, the Federal Court of Justice stepped on the gas again and decided in four cases on VW emissions scandal Judgments have been made. Perhaps the most momentous decision: VW customers who bought their diesel vehicles after the emissions scandal was uncovered may come away empty-handed. Whether they can assert their claims against the car company in the future will depend largely on the specific details of their case.

No compensation for damages when purchasing after knowledge?

On July 28, the VI Civil Senate of the Federal Court of Justice heard the case of a VW customer who had only bought his Touran in August 2016, i.e. after the software manipulations had come to light. The lower courts, the Trier Regional Court (03.05.2019, ref. 5 O 686/18) and the Koblenz Higher Regional Court (02.12.2019; ref. 12 U 804/19), had rejected his lawsuit.

The Federal Court of Justice has adopted this position (case number VI ZR 5/20). Although the presiding judge Stephan Seiters criticised the information policy of Volkswagen and again stated that the car company had intentionally deceived its customers in an immoral manner – but only until autumn 2015. After that, Volkswagen changed its behavior. ad hoc announcement The company informed its customers late and only under pressure about "irregularities" in the EA189 diesel engine and the creation of an information page on the Internet. Due to the extensive media coverage that followed, the buyer of the Turan should have known what he was getting into. No compensation for damages if the buyer bought the vehicle after knowing - this affects around 10,000 cases still pending against Volkswagen. Here, the specific circumstances of the individual case and the lawyer's presentation will now be even more important.

"Even though the champagne corks may be popping in Wolfsburg, the emissions scandal is far from over for Volkswagen. It is doubtful whether an ad hoc announcement will really enable diesel buyers to judge whether an illegal switch-off device is in effect in the specific vehicle they have chosen. In addition, many questions are still unanswered - not least because of VW's cover-up tactics. What about the T5, for example? The Bulli is also equipped with the scandal engine EA 189 and illegal emissions devices. But Volkswagen denies this to this day and the T5 was never on the official list of affected vehicles. And when should buyers of diesels from the group brands Audi, Seat and Skoda have known that the emissions system in these vehicles had also been manipulated? Not to mention other affected engines such as the EA 288, the EA 897 and the EA 898.

Furthermore, the European Court of Justice is still awaiting a ruling on the legality of defeat devices. This may well show that the software updates that Volkswagen has installed are also illegal. In this case, victims who only bought their diesel in 2016 or even later could also assert their claims for damages."

Partner Dr. Marco Rogert