What will happen next in the diesel emissions scandal? The Federal Court of Justice (BGH) has already clarified some fundamental questions in the diesel scandal in 2021. But there are still more events planned in Karlsruhe this year. On February 10, 2022, it will be clarified whether claims for damages have expired and what the remaining damages are. At the hearing, 5 cases will be dealt with directly and a decision will be made as to when the three-year limitation period for claims for damages by the vehicle buyer against Volkswagen AG began and whether, in the event of the limitation period, there is a claim for so-called residual damages under Section 852 S. 1 of the German Civil Code (BGB).
The affected vehicles were all purchased second-hand and diesel engines of the EA189 series (EU 5) equipped.
Does VW have to pay remaining compensation?
In the so-called "residual damages claim" According to § 852 BGB, this is a claim based on unlawful acts, which can still be claimed even after the statute of limitations has expired. This claim only expires in ten years from its creation.
The claims from the 5 proceedings were rejected in the previous instances due to the statute of limitations. The statute of limitations began in 2015, since from October 2015 onwards the plaintiffs were at least grossly negligent in their ignorance of the facts required for the statute of limitations to begin. The diesel scandal was omnipresent in media reports, so the plaintiffs must have been aware of it. There is also no claim under Section 852 S. 1 of the German Civil Code, since this claim does not apply to used cars.
However, it remains questionable whether the courts can assume that the plaintiffs knew about the diesel scandal simply because of the extensive media coverage. Therefore, there is a need for further clarification in the diesel scandal, on which the judges of the Federal Court of Justice will comment.
It also remains questionable how Karlsruhe will comment on the claim under Section 852 S. 1 of the German Civil Code (BGB) with regard to used cars. In some cases, residual compensation is granted for used cars. In the case of a used car deal in which the plaintiff purchases the vehicle from a used car dealer or a private vehicle owner, the defendant has not gained anything. However, this should not preclude the claim for legal damages. The defendant has not gained any income directly from the plaintiff, but rather from the original contractual partner. This should be sufficient to justify a claim for residual damages. When the vehicle was resold by the original purchaser to the plaintiff, the inflow of assets was maintained.
It will therefore remain exciting in 2022 to see how the Federal Court of Justice will comment on this and how the diesel scandal will continue.
Rogert & Ulbrich recommends for 2022
We at Rogert & Ulbrich recommend having your claims reviewed. Even if you think your claims have expired, it may be worth having them reviewed again. Our initial consultation is free and non-binding. We have already been able to numerous judgments for our plaintiffs and have been involved in the diesel emissions scandal since the beginning. Get advice without obligation.
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