Nepper haben kein Recht auf Nutzungsentschädigung

The first final judgment awards the plaintiff the full purchase price without any right to compensation for use.

For the first time in the history of the emissions scandalA judgment against Volkswagen AG has become final in Germany, awarding the plaintiff the full purchase price. The car manufacturer was also not awarded any compensation for use. Surprisingly, Volkswagen withdrew its appeal against the Potsdam Regional Court's judgment. VW is now forced to pay the car buyer the full purchase price plus additional interest. The judgment thus strengthens the rights of hundreds of thousands of consumers affected by the emissions scandal.

No compensation for use in case of criminal fraud

Dr. Marco Rogert explains the explosive nature of the ruling and the consequences for VW in the emissions scandal: "Now our view has prevailed that the deduction of usage is prohibited in the case of criminal fraud against customers. Anyone who deceives customers must make full repayment. VW must have been afraid of the reasons for the judgment and pulled the ripcord at the last minute by withdrawing the appeal. I am eagerly awaiting whether the legal opinion of the 3rd Civil Senate of the Brandenburg Higher Regional Court will prevail."

Volkswagen ordered to repay the full purchase price plus interest

Volkswagen AG withdrew its appeal against the first-instance judgment of the Potsdam Regional Court of April 12, 2019 (Az: 6 O 38/18) under the impression of the oral hearing before the Brandenburg Higher Regional Court (Az: 3 U 61/19). This judgment ordered Volkswagen AG to repay EUR 11,980 plus loan interest of EUR 2,118.72 plus interest of five percent above the base interest rate since December 19, 2017. The person concerned had purchased the Volkswagen Passat 2.0 TDI Blue Motion from an independent dealer on May 16, 2014. By decision of January 28, 2020, Volkswagen AG was declared to have lost the appeal it had lodged. The judgment of the Potsdam Regional Court is therefore final. Volkswagen AG will bear the costs of the proceedings in both instances.

“The legally effective judgment strengthens the rights of consumers”

The legal validity of the ruling is further evidence of the increasing tendency of German higher regional and regional courts to place greater emphasis on consumer rights. Dr. Marco Rogert explains: "As a leading law firm in the emissions scandal, we had already won several district court rulings in which Volkswagen AG or one of its subsidiaries had not been awarded compensation for use - to now hold a legally binding ruling in our hands for the first time is a sensation. This event marks a new chapter in the emissions scandal."

The chances of a full refund of the purchase price without deduction of compensation for use have never been better than they are now. This is why consumer advocates advise anyone who has suffered damage to have their claims checked.