With Judgment of 20 July 2021, VI ZR 575/20 The Federal Court of Justice ruled that a claim for damages also exists when a vehicle affected by the emissions scandal is resold. According to the Karlsruhe judges, this does not conflict with the claim for damages that is generally given. However, the proceeds from the sale must be offset against the compensation.
Claim for damages does not lapse
This means that you can still sue even if you have already sold your vehicle. In the specific case before the Federal Court of Justice, the plaintiff, former owner of a VW Touran with the EA189 scandal engine, sold the vehicle in question during the ongoing proceedings. However, this did not prevent the judges of the Federal Court of Justice from awarding the plaintiff damages. The only thing was that she had to allow the sales price to be offset against the compensation to which she was entitled.
Rogert & Ulbrich continues to advise you to file a lawsuit – have your claims examined
Have you already sold your vehicle affected by the emissions scandal? – Nevertheless, have your claims checked. We have already been able to obtain a number of positive judgments despite the vehicle being sold.
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