Compensation for use: Munich Higher Regional Court overturns Ingolstadt calculation

/ emissions scandal, judgments / Audi, KBA, compensation for use

In a judgment we won before the Higher Regional Court of Munich, the Senate upheld the appeal filed solely against the calculation of the compensation for use.

Audi now has to pay a further €2,700 to our client.

The Ingolstadt Regional Court calculated the compensation for use taking into account the loss in value of the vehicles, which is not linear but degressive. New vehicles suffer a high loss in value, especially in the first few years after purchase. Therefore, Calculation of compensation for use not based on the maximum possible mileage, but on the usual period of use. A very poor method of calculation for the consumer.

Degressive calculation method for quantifying the compensation for use is not convincing

The Munich Higher Regional Court has now put a stop to this. The degressive, step-by-step calculation by the Ingolstadt Regional Court is not convincing. It is based on statistics from the KBA on the average annual mileage in Germany and otherwise only on unsubstantiated assumptions by the court. The formation of the individual steps and their weighting are poorly founded and not comprehensible.

The objection raised by Audi against the usual calculation of usage, namely that new vehicles are less prone to wear and tear and repairs, is also not valid. This claim is certainly correct in its general nature, but a specific calculation of usage compensation cannot be derived from such a general statement.

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