The reason: The Munich Higher Regional Court should have investigated the plaintiff's claim that the software update led to consequential damage and that the vehicle had suffered a reduction in value. The plaintiff had already offered evidence for his claim in the first instance through an expert report. This expert report was intended to prove that the vehicle in question had the defect of emissions scandal and thus results in a significant loss of value. The software update could also cause damage to the vehicle. However, for whatever reason, the court did not address this and dismissed the appeal by order because it was obviously hopeless. The BGH sees this as a violation of the plaintiff's rights, as his arguments were not sufficiently taken into account.

Diesel scandal: Impossibility of subsequent performance

Withdrawing from the purchase contract in the diesel scandal is not possible without setting a deadline for remedying the defect. However, the BGH did not consider setting a deadline for subsequent performance to be necessary, namely if the remedy was unreasonable for the plaintiff. The vehicle's defect is due to the fraudulent conduct of VW AG. Therefore, the plaintiff does not have to rely on VW AG to remedy the defect - by carrying out the software update. After all, negative effects on the vehicle are entirely possible and likely. 

The Higher Regional Court must first clarify, through appropriate findings and expert reports, whether and to what extent the software update offered by the seller actually leads to the consequential damage claimed by the buyer. 

Diesel scandal: Rogert & Ulbrich recommends

We at Rogert & Ulbrich recommend having your claims checked. Our initial consultation is free and non-binding. We have already won numerous judgments for our plaintiffs and have been involved in the diesel emissions scandal since the beginning. Get advice without obligation.

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With this decision, the regional court opens up the possibility of successfully asserting claims for damages. If other courts follow the example of the OLG Naumburg and the LG Frankfurt am Main, there will soon be a turning point in the emissions scandal. The lawsuits are worthwhile, because the number of consumer-friendly judgments in the EA288 emissions scandal is already rising.

impact on your vehicle

Since Volkswagen AG has changed the way the engine control system works, a large number of vehicles are affected. We would be happy to explain to you whether your vehicle is also affected and whether you can benefit from this ruling and the decision that has now been made. Fill out our contact form out, we will check your claim for damages.

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