Landgerichte Braunschweig und Hannover folgen der BGH-Rechtsprechung

VW’s legal defeat in the diesel emissions scandal is sealed.

The last bastion of Volkswagen has been decided: Now the regional courts in Braunschweig and Hanover, which had previously ruled predominantly in the interests of the car company, are following the clear vote of the Federal Court of Justice (BGH). The regional court in Hanover awarded our client damages for intentional immoral damage. A judge at the regional court in Braunschweig announced in a ruling that he would give up his pro-VW stance, for better or for worse.

Well over 100 courts in Germany have VW emissions scandal ruled in favour of the deceived diesel buyers and ordered Volkswagen to pay damages. Not so the “VW in-house courts” in Braunschweig and Hanover. Even a advisory decision, in which the Federal Court of Justice classified manipulation of emissions control as a defect (08.01.2019, case no. VIII ZR 225/17), did not give the civil chambers there any cause for concern. The turnaround only came after the Supreme Court ruling of 25.05.2020, which made it clear that VW had deliberately and immorally harmed its unsuspecting customers over the years and in a strategically planned manner in a particularly reprehensible and immoral manner.

Hanover Regional Court: Software update does not reduce damage

The Hanover Regional Court, which has not yet made particularly consumer-friendly rulings in the emissions scandal, has now also adopted this legal opinion. In the case of a VW Golf 1.6 TDI, it sentenced Volkswagen to take back the vehicle and refund the purchase price, less a usage fee, due to intentional immoral damage in accordance with Section 826 of the German Civil Code. Even a software update installed does not eliminate the damage, according to the judge. In addition to compensation, the buyer of the VW Golf was also awarded tortious interest (June 5, 2020, case number 7 O 164/19).

Braunschweig judge reluctantly bows to BGH vote

Equally noteworthy are the statements of a judge of the 11th Civil Division of the Braunschweig Regional Court in a decision of June 2, 2020 (Ref. 11 O 4083/18 (978). Most of the lawsuits against VW are heard in this court. The judge examined the BGH ruling in detail and critically and came to the conclusion: "The decision appears to be surprising in some respects, in need of supplementation, and even questionable in one instance." He does not question his own VW-friendly legal opinion. Nevertheless, in the end he bows to the BGH's vote - albeit unwillingly and with gritted teeth: "Despite all the points listed, the legal opinion represented by the BGH does not seem to be unreasonable in the end. Against this background, the undersigned will abandon his previous legal opinion." The Handelsblatt has now reported extensively on the courts' turnaround.

"The Hanover ruling and the Braunschweig decision seal Volkswagen's final legal defeat. This is a big day for all defrauded VW customers and for consumer protection. We are particularly pleased with the clear turnaround in the case we represented in Hanover. We now expect the Federal Court of Justice to send out equally consumer-friendly signals in the further negotiations in July, which will include tortious interest and statute of limitations, so that all injured diesel buyers finally get their rights. The date on July 21 will be particularly exciting. That is when a pro-VW ruling from the Braunschweig Higher Regional Court, which argues more pro-VW, will be up for appeal."

Partner Dr. Marco Rogert