Sensationelles Schadensersatz Urteil im VW Abgasskandal

Krefeld Regional Court grants claim for damages in case of purchase following ad-hoc notification.

The Krefeld Regional Court has made a sensational ruling.

Despite the recent case law of the BGH In relation to vehicles purchased after the ad-hoc announcement of the VW Group in the emissions scandal at the end of September 2015, the owner of a Volkswagen Tiguan and ordered Volkswagen AG to take back the car and repay the purchase price (judgment of August 19, 2020, case number 2 O 541/19).

Although the plaintiff only purchased the vehicle in August 2016 and thus after the ad hoc announcement, he did so directly from Volkswagen AG and as a new car.

Almost a year after the ad hoc announcement was published, the plaintiff could and should have trusted that he would be able to purchase a vehicle without manipulated software directly from VW AG. Unlike in the situation about which the BGH decided, it was expected that the legal requirements would be met here again.

The corresponding “innocent attitude” of the buyers, especially in the case of new cars and direct purchases from the defendant, was restored at this point. In addition, Volkswagen When selling a new car directly - unlike when buying a used car from a third party company - there is the possibility of pointing out that the vehicle in question is affected. Against this background, Volkswagen's behavior after the so-called emissions scandal was uncovered is not sufficient to revise the accusation of immorality. Judgment of August 19, 2020, case number 2 O 541/19.