BGH bejaht Restschadensersatzanspruch trotz Verjährung

On 21.02.2022, the Federal Court of Justice ruled (VIa ZR 8/21; VIa ZR 57/21)that buyers of a new car who are affected by the so-called diesel scandal and whose claim has expired under Section 826 of the German Civil Code (BGB) are entitled to residual compensation under Section 852 of the German Civil Code (BGB).

The two cases concerned a VW Golf Cabrio (VIa ZR 8/21) with a purchase price of EUR 30,213 and a VW EOS 2.0 l TDI (VIa ZR 57/21) with a purchase price of EUR 36,189. The purchase of both vehicles was a new cars with a diesel engine of EA 189 seriesBoth vehicles have been equipped with software that detects whether the vehicle is on the test bench or not and switches to the appropriate exhaust gas recirculation modes.

Residual damages claim applies up to 10 years after purchase

The remaining claim for damages is valid for up to 10 years after the purchase of a new car. It is intended to deprive the person who caused the damage of the enrichment that he was able to achieve through his illegal actions, despite the statute of limitations on the main claim.

This means that those affected who purchased their car in 2012 and later could benefit from this decision and still compensation According to the BGH, this is calculated in the same way as in the case of a rescission of the contract for intentional immoral damage, so that plaintiffs only have to offset compensation for use against the purchase price.

Rogert & Ulbrich: Recommendation for residual damages claims

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 won numerous judgments for our plaintiffs and have been involved in the diesel emissions scandal since the beginning. Get advice without obligation.