Nutzungsentschädigung Abgasskandal - Verbraucherschutz Blog - R&U https://ru.law/en/tag/nutzungsentschaedigung/ Consumer lawyers Mon, 08 Jul 2024 11:13:12 +0000 en-GB hourly 1 https://wordpress.org/?v=6.8.5 https://ru.law/wp-content/uploads/2020/12/favicon-150x150.png Nutzungsentschädigung Abgasskandal - Verbraucherschutz Blog - R&U https://ru.law/en/tag/nutzungsentschaedigung/ 32 32 Landgericht Mönchengladbach entscheidet gegen Daimler AG https://ru.law/en/landgericht-moenchengladbach-entscheidet-gegen-daimler-ag/ Fri, 02 Jul 2021 10:32:02 +0000 https://ru.law/?p=19223 Am 30.06.2021 entschied das Landgericht Mönchengladbach für unseren Mandanten und gegen die Daimler AG. In dem Verfahren (Az. 6 O 89/20) ist beim streitgegenständlichen Mercedes-Benz […]

Der Beitrag Landgericht Mönchengladbach entscheidet gegen Daimler AG erschien zuerst auf R&U.

]]> On 30 June 2021, the Mönchengladbach Regional Court ruled in favour of our client and against Daimler AG. In the proceedings (case no. 6 O 89/20), the disputed Mercedes Benz GLK 250 BT 4M to determine that a impermissible shutdown device As a result, the plaintiff will receive the purchase price after returning his vehicle, less compensation for use in the amount of € 20.271,- again.

The court makes it clear that the Programming of the engine control software illegal This means that the Mercedes-Benz GLK 250 BT 4M in question has various devices installed that differentiate between a situation on the test bench and outside the test bench. In our view, this confirms that Daimler AG has manipulated statutory emissions limits.

Illegal defeat devices also confirmed at Daimler AG

More and more concessions are now also being made by Daimler AG. The vehicles with the OM651 engine type are also affected by illegal defeat devices even without confirmed KBA recall. Currently, more and more Proceedings against Daimler AG and decided in favor of consumers. This is due, among other things, to the fact that Daimler AG is unable to adequately demonstrate that no illegal defeat devices are installed in Mercedes-Benz vehicles.

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Der Beitrag Landgericht Mönchengladbach entscheidet gegen Daimler AG erschien zuerst auf R&U.

]]> Nutzungsentschädigung: OLG München kippt Ingolstädter Berechnung https://ru.law/en/nutzungsentschaedigung-olg-muenchen-kippt-ingolstaedter-berechnung/ Mon, 07 Jun 2021 13:47:00 +0000 https://ru.law/?p=17064 In einem von uns erstrittenen Urteil vor dem OLG München gab der Senat der lediglich gegen die Berechnung der Nutzungsentschädigung eingelegten Berufung statt. Nun muss […]

Der Beitrag Nutzungsentschädigung: OLG München kippt Ingolstädter Berechnung erschien zuerst auf R&U.

]]> 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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]]> Bundesgerichtshof verhandelt vier weitere Verfahren im Diesel-Abgasskandal https://ru.law/en/bundesgerichtshof-verhandelt-weitere-verfahren-im-diesel-abgasskandal/ Mon, 06 Jul 2020 08:35:59 +0000 https://www.rogertulbrich.de/wp/?p=2307 BGH entscheidet über deliktische Zinsen, Nutzungsentschädigung und Verjährung. Die Aufarbeitung des Diesel-Abgasskandals legt einen weiteren Gang zu. Nach ihrem verbraucherfreundlichen Grundsatzurteil im Mai befasst sich […]

Der Beitrag Bundesgerichtshof verhandelt vier weitere Verfahren im Diesel-Abgasskandal erschien zuerst auf R&U.

]]> BGH decides on tortious interest, compensation for use and statute of limitations.

The processing of the diesel emissions scandal is moving up a gear. Following its consumer-friendly landmark ruling in May, the 6th Civil Chamber of the Federal Court of Justice (BGH) will be dealing with the consequences of VW's emissions manipulation at four further hearings on July 21 and July 28. The hearings will cover controversial issues such as compensation for damages after refusing a software update, tortious interest, compensation for use, and the question of the statute of limitations for claims made by injured diesel buyers.

Two cases from the Higher Regional Court of Braunschweig to the Federal Court of Justice

The Regional Court and the Higher Regional Court of Braunschweig are in VW emissions scandal has not yet attracted attention with consumer-friendly rulings, although the Braunschweig Regional Court recently announced that it was abandoning its pro-VW stance. Two injured VW customers were not discouraged by the rejection of their claims for damages against the car company by the two courts. Their cases will now be appealed to the 6th Civil Senate of the Federal Court of Justice on July 21.

Both plaintiffs base their claims against Volkswagen on the installation of impermissible defeat devices. In one case, the plaintiff had a software update offered by VW installed (case number VI ZR 367/19). His claim was dismissed on the grounds that the defeat device had already been removed by the update before the claim was received. In addition, the plaintiff had not conclusively explained which specific person at VW had intentionally and immorally harmed him (August 13, 2019, case number 7 U 352/18).

The other plaintiff had refused the update, whereupon he was prohibited from operating the vehicle (case number VI ZR 354/19). The Higher Regional Court of Braunschweig rejected his claim for damages on the grounds that the elements of fraud had not been met. In addition, the compensation for use now outweighs the purchase price (20.08.2019, case number 7 U 5/18).

Purchase after knowledge: When does the limitation period in the emissions scandal begin?

When could buyers of VW diesels have known about the illegal emissions manipulation? The answer to this highly controversial question will determine when the claims of injured VW customers expire – an issue that affects tens of thousands of car buyers. A decision by the Supreme Court on this is still pending. Perhaps it will come on July 28. Then the Federal Court of Justice will deal with the Claims for damages from a used car buyer who purchased his diesel in August 2016, i.e. almost a year after the emissions manipulation became known (case number VI ZR 5/20). His claims for compensation were rejected by both lower courts (District Court of Trier, May 3, 2019, case number 5 O 686/18, Higher Regional Court of Koblenz, December 2, 2019, case number 12 U 804/19) because "the plaintiff did not substantiate why, despite the extensive media coverage, he should have been unaware that the vehicle was equipped with the inadmissible switching logic."

However, the Koblenz Higher Regional Court ruled in favour of a diesel buyer who had purchased his VW in January 2016 and awarded him damages for intentionally causing immoral damage (05.06.2020, case number 8 U 1295/19). The reasoning: an ad hoc announcement published by Volkswagen in September 2015 did not indicate that the engine control software had been deliberately manipulated. Moreover, Volkswagen's immoral behaviour had continued at the time of the vehicle purchase. The Higher Regional Courts of Cologne, Oldenburg and Hamm as well as the Paderborn Regional Court and most recently Frankfurt am Main. The Marburg District Court even takes the view that the claim for damages by injured parties should only expire after 10 years.

Are there claims for tortious interest and compensation for use?

The second BGH case on 28 July concerns the claim for tortious interest (Ref. VI ZR 397/19). The Oldenburg Regional Court had already ordered Volkswagen to reimburse the purchase price of a VW Golf VI 1.6 TDI less compensation for use due to intentional immoral damage (January 11, 2019, Ref. 3 O 1275/18). The plaintiff had appealed against the deduction of compensation for use and also demanded payment of tort interest. The Oldenburg Higher Regional Court had awarded her this, but the judges confirmed the decision of the lower court regarding compensation for use (October 2, 2019, Ref. 5 U 47/19). Both the plaintiff and Volkswagen have appealed against this judgment.

"In the past, courts have assessed the claim to tortious interest very differently. Most regional courts have generally awarded this interest to injured car buyers from the time of purchase of the vehicle, as have some higher regional courts, such as Oldenburg, Cologne and Brandenburg. We assume that the Federal Court of Justice will confirm this consumer-friendly legal opinion. On the issue of limitation and in the appeal hearings on June 21, we firmly expect decisions that encourage injured diesel buyers to assert their rights. In any case, the rulings of the Federal Court of Justice will have far-reaching effects on the proceedings in the emissions scandal. Then the other diesel manufacturers will finally have to face up to their responsibility."

Partner Dr. Marco Rogert

Compensation for non-use: will the European Court of Justice ultimately decide?

The question of compensation for use could also become exciting again. Although the Federal Court of Justice already ruled in the VW case in May that compensation for use for the kilometers already driven must be deducted from the damages, there are also signs of a trend reversal in case law here. Several regional courts have awarded car buyers compensation without deducting compensation for use. The Frankfurt am Main Regional Court explicitly justified this with Volkswagen's "particularly reprehensible conduct" (April 30, 2020, case number 2-27 O 2/19).

A judge at the Erfurt Regional Court gave a similar reasoning for his decision, to have the VW ruling of the BGH of May 25 (case number VI ZR 252/19) reviewed by the European Court of Justice for conformity with European law (June 15, 2020, case number 8 O 1045/18): A usage compensation for kilometers driven means that "the longer the legal dispute drags on, the less sanctions VW has to fear. This could create a strong incentive to commit the infringement nonetheless and to unduly delay the fulfillment of the claim." Against this background, it will be extremely exciting to see how the BGH will decide on this issue on June 28.

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]]> Nepper haben kein Recht auf Nutzungsentschädigung https://ru.law/en/nepper-haben-kein-recht-auf-nutzungsentschaedigung/ Thu, 06 Feb 2020 14:37:15 +0000 https://www.rogertulbrich.de/wp/?p=4879 Erstes rechtskräftiges Urteil spricht Kläger den vollen Kaufpreis zu ohne ein Recht auf Nutzungsentschädigung. Erstmals in der Geschichte des Abgasskandals ist in Deutschland ein Urteil […]

Der Beitrag Nepper haben kein Recht auf Nutzungsentschädigung erschien zuerst auf R&U.

]]> 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.

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