Schadensersatz trotz Kauf nach Kenntnis des Abgasskandals

OLG Oldenburg with groundbreaking ruling in favor of consumers.

In mid-January, the Oldenburg Higher Regional Court was the first ever to decide that a plaintiff in VW emissions scandal Damages are due, even though the vehicle was purchased five months after the manipulations became generally known. The offense of intentional immoral damage still remains. This ruling is likely to change the legal situation for all previous and future proceedings in the emissions scandal. The issue of the statute of limitations would have to be completely reassessed in the light of the most recent ruling.

On January 16, 2020, the Oldenburg Higher Regional Court ruled that Volkswagen must pay damages to the buyer of a VW Caddy equipped with the illegal engine control software. The reasoning behind the ruling is explosive: the buyer's possible knowledge of the emissions scandal only plays a secondary role, and VW must still be held liable for intentionally causing immoral damage.

"This is a groundbreaking ruling for consumers, as several hundred thousand affected parties can now also demand compensation from Volkswagen AG," commented lawyer Dr. Marco Rogert. This ruling presents a completely new legal situation in the emissions scandal. Now numerous VW customers whose diesel vehicles were illegally placed on the market can have new hope that they will also be granted the right to compensation.

Intentional immoral damage

The case (case number: 14 U 166/19 OLG Oldenburg) concerned a VW Caddy that the plaintiff had purchased in February 2016, five months after the VW emissions scandal was officially announced. The Senate ordered the Wolfsburg-based car company to pay the purchase price less compensation for use. According to the court, VW fulfilled the elements of the offense of intentionally committing an immoral act by putting the vehicle with the EA 189 engine with the prohibited automatic shut-off into circulation.

VW has exploited the ignorance of consumers

The consumer is harmed by the conclusion of an unwanted contract. The car manufacturer deliberately exploited the consumer's ignorance to its own advantage. This attitude, as well as the acceptance of the environmental and health damage risked by the increased nitrogen oxide emissions, make Volkswagen's behavior appear immoral overall.

The Group's ad hoc announcement from autumn 2015 also has no effect on this situation. Subsequent changes such as the clarification measure in the ad hoc announcement have no effect on the Group's civil liability if the damage still occurs. The court argues that, analogous to criminal law, it is not appropriate to reward the perpetrator's attempts to withdraw with impunity if they are unsuccessful and the "crime" is still carried out. According to the court, it does not seem appropriate to blame the injured buyer for the risk of VW AG's clarification measure possibly not reaching the individual.

"The cards are being reshuffled"

In addition, the plaintiff will receive four percent interest on the gross purchase price minus the compensation for use from the time of purchase. According to the case law of the Federal Court of Justice, anyone who has had money stolen by way of a crime can demand interest on the amount from the time at which the money was stolen. Dr. Rogert's conclusion: "The cards are being completely reshuffled for buyers of affected vehicles, which were purchased after Prof. Winterkorn's press conference in September 2015. We are pleased that we can once again confirm our pioneering role in the emissions scandal." All those affected should now have their claims examined as soon as possible by Rogert and Ulbrich, the leading law firm in the emissions scandal.