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sensational verdict: The Federal Court of Justice (BGH) has on 26.06.2023 ruled that car buyers whose diesel vehicles are equipped with an illegal switch-off device – such as the so-called thermal window – are entitled to compensation, regardless of whether the manufacturers have deliberately deceived or acted negligently. With this ruling, the BGH has massively reduced the requirements for claims for damages and follows the case law of the ECJs from March 21, 2023.
The "diesel emissions scandal", which has been publicly known since 2015, is far from over in legal terms - on the contrary! Ever new findings regarding further manipulation by car manufacturers, especially with current engines and vehicle models, ensure that more and more victims are demanding compensation from the manufacturers or dealers.
In addition, buyers of vehicles with the EA189 diesel engine, which triggered the diesel scandal in 2015, are still being charged a so-called “remaining claim for damages“ awarded.
In 2020, the first German model declaratory action against Volkswagen AG was successfully concluded. The lawyers and founding partners Dr. Marco Rogert and Tobias Ulbrich, in cooperation with the head of the consumer centers and other experts, reached a settlement of over €830 million for around 260,000 defrauded VW customers - a unique success in German legal history.
Now non-binding in the emissions scandal
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You too can trust the competence and assertiveness of R&U lawyers. During the initial telephone consultation, we will check for you whether your vehicle is affected by the emissions scandal and advise you individually on the best course of action. Arrange your desired appointment now without obligation.
Affected vehicles
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*The manufacturer logos used serve solely to improve the visual identification of the vehicles with the corresponding brand. The logos belong to the respective automobile manufacturer.
Dieselgate 3.0: Another wave of lawsuits is looming
Good news for injured drivers who want to claim compensation:
ECJ:
Car manufacturers are liable for manipulated vehicles
Thanks to the consumer-friendly ECJ ruling (European Court of Justice) of March 21, 2023, the hurdles for successful claims for damages by injured car owners have been significantly lowered. According to this, automobile manufacturers are also liable for negligent violations of the law, since they should have known, due to the due care required, that temperature-controlled switch-off devices such as the so-called thermal window are illegal because the permissible pollutant limits (nitrogen dioxide) are exceeded. Until now, intentional damage had to be proven, but this has now changed.
BGH:
compensation for diesel plaintiffs
On June 26, 2023, the Federal Court of Justice (BGH) significantly lowered the hurdles for claims for damages from diesel buyers. Since almost all cars with Euro 5 and some Euro 6 emissions standards have one or more types of defeat device, it is no longer just about the classic 'fraud diesels' in the VW Group, but also models of Mercedes, BMW, Volvo, Fiat, Opel, Renault and many others. Filing a claim for compensation or returning the vehicle to the manufacturer will probably now be much easier and quicker. It is also conceivable that car manufacturers will offer settlements more quickly in court in order to save on court and expert costs.
Compensation in just 3 steps
Simple, convenient & fast – we enforce your rights.
commissioning
Give us your mandate easily and conveniently via online form from home.
1lawsuit & trial
We will take care of all the remaining steps for you. Sit back and relax.
2Compensation
You will receive the compensation directly into your account and celebrate your success.
3What compensation options are available to affected diesel drivers?
If your vehicle has been tampered with and has an illegal switch-off device, you are entitled to compensation. Which litigation strategy gives you the best chances and the greatest compensation depends on various factors. That is why you should seek detailed legal advice from the R&U law firm about your options. With more than 15,000 lawsuits filed, we have the experience to achieve the best result for you.
'Major' compensation | Rescission | Return the car
§ 826 BGB
Reversing the purchase agreement allows you to return the vehicle to the manufacturer and get the purchase price refunded. Only a so-called usage fee for the kilometers you have driven will be deducted from this. The judge will take into account the current mileage at the time of the court hearing, although the maximum mileage of your vehicle can be estimated differently from court to court. For this procedure, proof of intentional, immoral damage must be provided.
It’s worth being quick:
The fewer kilometers you have driven and the sooner the hearing takes place, the higher your compensation will be.
By the way: If you have financed your vehicle, you can also claim back the financing costs incurred from the manufacturer.
Difference compensation | Vehicle has already been sold | Reduced value higher than 15%
§ 826 BGB
The difference in damages determines the sum between the actual value of a vehicle and the value it would have had without the fraudulent manipulation. Car owners can make this claim to compensate for the loss in value of their vehicle. In this case, it is sufficient to prove that the manufacturer acted negligently.
'Small Damages' | Diminished Value
§ 823 BGB
The 'small compensation' - also called 'diminished value' - is calculated from the value that the vehicle would have if no illegal defeat device had been installed, compared to the value with the defeat device installed and non-compliance with environmental standards. In our experience, car owners receive up to 25% of the purchase price as compensation and keep their vehicle.
Lump sum compensation
The lump sum compensation, as decided by the Federal Court of Justice (BGH) in June 2023 (VIa ZR: 335/21, 533/21, 1031/22) refers to a compensation range of 51% to 151% of the purchase price. This compensation is also granted without expensive expert reports. The car owner keeps his vehicle and the kilometers driven are not deducted from the compensation. This lump sum compensation compensates for your financial loss without the need for expensive expert reports.
We will be happy to take on your case and advise you in detail on which solution is the best for you.
Call us without obligation or contact us.
Calculate the amount of your refund now*
Compensation
€ 26.840,-
Purchase price:
€ 33.000,-
Compensation for use:
– € 6.16,-
remaining claim:
€ 26.840,-
* Calculation of the refund based on an expected (maximum) total mileage of your vehicle of 300,000 kilometers. This assessment may be judged differently by the courts.
The diesel emissions scandal – also known as “Dieselgate” – is the biggest environmental and industrial scandal in recent German history.
It was not the responsible Federal Motor Transport Authority, TÜV or DEKRA that uncovered the scandal despite their ongoing monitoring obligations and the prescribed emissions tests, but the American environmental protection authorities EPA and CARB, in cooperation with the expert office ICCT.
The scandal is based on the fact that in the vehicles of the Volkswagen Group (VW, Audi, Seat, Skoda and Porsche), but also in vehicles of other manufacturers (Mercedes Benz, BMW, Opel and others) use defeat devices that are illegal under European and US law and use insidious sensors to detect that the vehicle is being tested on the test bench.
In a test situation, these devices change the exhaust emissions in such a way that the testers are presented with the illusion of a supposedly clean diesel vehicle.
We will show you what rights you are entitled to and what options you have for filing a lawsuit. In our initial consultation, we will determine the best way for you to enforce your claim.
Which shutdown technologies do car manufacturers use,
to manipulate the exhaust gas purification system?
In the diesel scandal, different switch-off technologies (AE) are used depending on the company and vehicle type in order to manipulate the emission values. "Dirty" diesels appear "clean" at least on the test bench. In real driving conditions on the road, however, the vehicles exceed the permissible limits by several times.
Temperature- or time-controlled shutdowns (thermal window, heating strategy)
When certain temperatures or times are reached, the engine control software turns off the emissions control system. This may improve performance or fuel economy, but results in excessive emissions.
Defeat Devices (test bench/driving curve detection)
This software for controlling exhaust gas purification recognizes the exhaust gas test cycle and reduces emissions to the legally permissible range. In real driving conditions on the road, however, the limit values are exceeded many times over.
coolant target temperature control
With the coolant target temperature control, a software function activates a special temperature control that keeps the coolant circuit artificially colder and delays the warming up of the engine oil. This is the only way to keep the nitrogen oxide levels on the test bench below the legally prescribed limits.
Current rulings in the emissions scandal:
Judge us by our results – we congratulate our clients
With more than 25,000 mandates and over 15,000 lawsuits filed We are one of the leading law firms in the diesel emissions scandal.
Entrust your case to our lawyers and benefit from our experience.
Vehicle: BMW xDrive
mileage: km
Vehicle: BMW 218d
mileage: 61,391 km
Vehicle: Audi Q3
mileage: 106,417 km
Vehicle: VW Caddy
mileage: 70,000 km
Vehicle: VW Tiguan
mileage: 135,397 km
Vehicle: VW Passat
mileage: 132,736 km
Vehicle: Audi A5
mileage: 105,579 km
Vehicle: VW Touareg
mileage: 215,138 km
Vehicle: VW Phaeton
mileage: 122,912 km
Vehicle: VW Tiguan
mileage: 128,053 km
Vehicle: VW Multivan
mileage: 152,309 km
Vehicle: Audi A6
mileage: 57,115 km
Vehicle: Audi SQ5
mileage: 133,130 km
Vehicle: Seat Exeo
mileage: 226,190 km
Vehicle: Audi A6
mileage: 70,326 km
Vehicle: VW Passat
mileage: 115,797 km
Vehicle: Daimler GLK
mileage: km
Vehicle: Daimler GLS
mileage: 58,042 km
Vehicle: Daimler GLC 220
mileage: 45,500 km
Vehicle: Audi A4 Avant
mileage: 60875 km
Software updates:
Possible consequential damage to vehicles and consumers
After the diesel scandal became known in 2015, the Federal Motor Transport Authority (KBA) issued instructions to various manufacturers to remove the prohibited functions. In response, hundreds of thousands of car owners were asked by the manufacturers to have an update carried out on their vehicles, which included, among other things, revised engine control software.
In general, we recommend not installing software updates that supposedly improve NOx or emission values. Engine control with the same hardware is basically a kind of "compromise" between many components, including exhaust emissions, performance, handling, consumption and durability of individual vehicle parts. It is therefore not possible to improve the exhaust emissions without accepting a deterioration in other areas.
Consequential damages are therefore possible:
- Shorter service life, faster wear and changed engine behavior
- Increasing fuel and AdBlue consumption
- Increased susceptibility to repair of engine components & increasing problems with exhaust gas purification
- Loss of performance and reduced smoothness of the engine
- Lack of warranty for consequential damages on the part of the manufacturer
- Time & effort of the workshop stay (usually without being provided with a replacement vehicle)
Milestones in the Emissions Scandal
BGH sensational ruling: Difference in damages from 5% to 15% of the purchase price
The difference in damages takes into account the loss in value of the vehicle due to the defect. 2,100 cases are directly affected by the Federal Court of Justice. In addition, there are an estimated 100,000 pending lawsuits in lower courts that are affected by this development.
ECJ strengthens consumer rights in emissions scandal and judges thermal window to be illegal
The European Court of Justice (ECJ) has ruled that car manufacturers can in principle be held liable for legal violations, regardless of whether they acted negligently or intentionally.
Software Update is another deception and in itself justifies a claim for damages
The Higher Regional Courts of Cologne, Hamm and Bremen decided that the software update was also a deception and gave rise to a claim for damages.
Thermal window is an illegal switch-off device, decides the European Court of Justice
ECJ strengthens consumer rights: For years, car manufacturers had allegedly used engine protection as an excuse and exploited an alleged legal loophole. The ECJ has finally put an end to this.
2.0-liter diesel buyers gain hope thanks to Senate decision of the Cologne Higher Regional Court
In cases of 2-litre diesel vehicles of the VW, Seat, Audi and Skoda brands, purchased from autumn 2015, the specific evidence in each individual case must be taken into account. The Cologne Higher Regional Court also awards damages for purchases made after the so-called “ad hoc notification” and invalidates the Federal Court of Justice’s ruling on “purchase after knowledge”.
Diesel manipulation: around 200,000 FIAT & IVECO vehicles affected
According to Spiegel, this includes many mobile homes built between 2014 and 2019 and commercial vehicles. After a raid on the Fiat Chrysler Group, the Frankfurt public prosecutor's office is investigating fraud. It is calling on mobile home owners to file criminal charges.
The gasoline scandal follows
During a court case, an illegal switch-off device was found in an Audi petrol vehicle during an inspection. Agreements on this matter were revealed at Daimler, VW, BMW, Audi and Porsche, and Porsche itself reported itself for manipulating emissions on the 911 and Panamera.
EA 288: The new emissions scandal engine
After Rogert and Ulbrich were able to obtain a positive judgment in March 2020 for a 2.0 liter TDI diesel vehicle from VW AG with the successor engine to the EA 189, the EA 288 with Euro 6 standard, more and more regional courts are also granting a claim for damages due to exhaust gas manipulation in the EA 288!
BGH ruling: Legal certainty in the emissions scandal
Volkswagen has intentionally and immorally harmed its customers. With this ruling, the BGH has created legal certainty for the plaintiffs who drive a diesel with the EA 189 VW engine, which is also installed in Skoda, Seat and Audi vehicles.
emissions scandal before the European Court of Justice
In her final submission to the European Court of Justice (ECJ), Advocate General Eleanor Sharpston declared defeat devices inadmissible. Things are getting serious for all car manufacturers involved in the scandal, such as VW, Daimler, BMW, Audi and Porsche.
Historic victory for consumers
In the model declaratory action against VW, a settlement payment is achieved for approximately 260,000 VW customers.
Groundbreaking process for municipalities
Rogert and Ulbrich is the first law firm to obtain compensation for damages against Volkswagen for a municipality in North Rhine-Westphalia.
First model declaratory action in Germany
The Federal Association of Consumer Organizations (vzbv) is demanding compensation from VW AG on behalf of diesel drivers affected by the emissions scandal. Rogert and Ulbrich is representing them in the process.
Spectacular verdict against Volkswagen as a vehicle manufacturer
Rogert & Ulbrich is the first law firm to obtain a judgment against Volkswagen AG for intentionally causing immoral harm to a diesel vehicle buyer in Germany.
First success against car dealers in NRW
First legally binding judgment against a car dealer in NRW, refund of the purchase price due to an illegal switch-off device in a diesel vehicle.
More than
25.000
mandates assumed
Over
15.000
filed lawsuits
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