Verjährung Archive - R&U

VTDI-Abgasskandal rund um VW, Audi und Porsche

Marco Rogert — Thu, 13 Jan 2022 12:52:14 +0000

For many German car manufacturers, the diesel emissions scandal is still omnipresent, including the VW Group around the subsidiary brands Audi and PorscheAfter the Federal Motor Transport Authority (KBA) announced on its website at the beginning of 2018 that several illegal switch-off devices had been found in vehicles with a 3l or 4.2l VTDI engine As far as I could tell, some owners of affected vehicles were only informed about this in 2019 with an “individual” letter. The result: A mandatory recall in the form of a (mandatory) software updateAnyone who fails to comply with the manufacturer's request risks having the affected vehicle taken out of service by the local registration authority.

Another consequence of the letters sent to vehicle owners in 2019 could now be that any claims for damages against the manufacturers of affected vehicles could become time-barred at the end of this year. Anyone who still wants to assert their claim for damages should definitely do so this year.

Numerous judgments have already been won against VW, Audi and Porsche

In the past, we have succeeded in a number of positive judgments Claims for damages of up to €50,000 and more were enforced not only against the VW subsidiaries Audi and Porsche, but also against the parent company Volkswagen.

Among other things, we were able to obtain damages of over €72,000 for our client before the Berlin Regional Court (case no. 7 O 118/19). The subject of the dispute was a Porsche Macan S 3.0 TDI, in which the illegal switch-off devices identified by the KBA were installed. Before the Ingolstadt Regional Court (case no. 43 O 741/19), we were also able to obtain damages of over €68,000 from Audi AG for an affected Audi A6 3.0 BiTurbo. We were also recently able to obtain damages of over €49,000 from Volkswagen AG for a VW Touareg 3.0 TDI before the Bonn Regional Court (case no. 2 O 246/21). According to the judge's statements, the fact that Audi AG is responsible for the manufacture of the VTDI engines does not exclude a claim for damages against Volkswagen AG according to the plaintiff's submission.

Federal Court of Justice also grants claim for reduced value

Another possibility for compensation is the so-called "small damages". In its ruling of July 6, 2021 (case number VI ZR 40/20), the Federal Court of Justice (BGH) ruled that instead of reversing the transaction, injured buyers of affected vehicles can also claim the reduced value caused by the inadmissible switch-off devices, i.e. the so-called "small damages". The advantage: affected vehicle owners can keep their vehicle and still be compensated. The amount by which the value of the vehicle has been reduced can be estimated without an expensive appraisal, for example based on a percentage of the purchase price.

Rogert & Ulbrich recommends

Do you drive an affected VW, Audi or Porsche and have received a recall letter from the manufacturer in 2019? Then you should act quickly, especially in view of the impending statute of limitations, andchances of successhave us check it.Current case law also shows that your chances have never been better.Prevent your potential claims for damages from becoming time-barred and let us examine them free of charge and without obligation.

Abgasskandal: Audi verhindert vorerst BGH-Grundsatzurteil

Marco Rogert — Tue, 21 Dec 2021 08:13:42 +0000

On 16.12.2021, the 7th Senate of the Federal Court of Justice (BGH) should have clarified whether the Audi AG for the development and placing on the market of manipulated diesel engines must pay damages to the affected car owners. But Audi AG withdrew its appeal at short notice in order to prevent a landmark ruling and the resulting wave of lawsuits. Audi AG paid damages to a single plaintiff and thus prevented a decision by the Federal Court of Justice. It seems that people in Ingolstadt are not so convinced of their own position that they are giving up without a fight.

Germany's highest civil court was scheduled to hear two cases on December 16, 2021. Both cases concerned a vehicle containing a diesel engine developed by Audi AG. The vehicles were already recalled by the Federal Motor Transport Authority (KBA) in 2018 because an inadmissible defeat device was present. What was also special about the cases was that both vehicles were financed with a loan agreement that included a right of return. This gave the plaintiffs the option of returning their vehicles to Audi Bank for a predetermined purchase price after repaying the loan.

Audi emissions scandal: BGH ruling and statute of limitations 2021

In view of the Limitation of claims for damages at the end of 2021, a consumer-friendly decision by the Federal Court of Justice would have come at a very unfortunate time for Audi AG. The KBA had already ordered numerous recalls in 2018, so the statute of limitations will expire after three years at the end of the year.

By receiving the recall letters mentioned above, the affected owners of the vehicles mentioned have become aware of the manipulation and thus also of the possible claim for damages. From this point in time of knowledge, the limitation period begins to expire at the end of the year after the usual limitation period of three years. In this case, the courts should therefore be allowed to assume a limitation period of December 31, 2021.

Rogert & Ulbrich recommends

Consumers should view Audi AG's actions as a clear signal that Audi AG considers its own chances of success to be rather poor. Sooner or later, however, there will be a supreme court ruling against Audi AG. If you are affected, we advise you not to let this unsettle you. Let us advise you free of charge and without obligation . Especially in light of the statute of limitations expiring at the end of 2021, you should act now and secure your chances of a possible claim for damages. Prevent your possible claims from expiring and the loss in value of your vehicle from increasing further.

We therefore recommend that you claims to have it checked by us free of charge and without obligation.

Verjährung im Audi Abgasskandal zum Ende des Jahres 2021

Marco Rogert — Wed, 15 Dec 2021 10:26:03 +0000

Since 2018, the Federal Motor Transport Authority (KBA) has had numerous recalls under the callback code 23X6 arranged, since many 3-liter diesel engines an inadmissible shutdown device was detected. The models affected are Audi A5; A6; A7; A8; Q5; SQ5; Q7.

Do you drive such an Audi model and received a recall letter in 2018? Then you should note that any claims for damages will expire at the end of 2021. By receiving the so-called recall letters, the affected owners of the vehicles in question have become aware of the manipulation and thus also of the possible claim for damages. From this point of knowledge, the limitation period begins at the end of the year after the usual limitation period of three years. In this case, the courts should therefore be allowed to assume a limitation period of December 31, 2021.

Quickly secure compensation for Audi

The KBA found at least 4, in some cases even 5 different switch-off devices in the majority of the vehicles affected, two of which it classified as illegal. The functions that the KBA classified as illegal switch-off devices include the so-called rapid engine heating strategy. This ensures that the vehicles recognize the test bench and comply with the legally prescribed limits. In real driving on the road, however, the limits are exceeded many times over.

The 3.0-litre V6 (EA897 / EA897evo) and 4.2-litre V8 diesel engines with Euro 6 approval standard developed and produced by Audi AG were not only used in Audi models, but also in VW Touareg, Porsche Macan and Porsche Cayenne The KBA has also ordered recalls here. Therefore, the affected consumers should act quickly if they received a recall letter in 2018.

Rogert & Ulbrich recommends

Do you drive an affected Audi or another model with the affected diesel engine? Then you should act quickly, especially in view of the impending statute of limitations, and chances of success have us check it. Current case law also shows that your chances have never been better. Prevent your potential claims from becoming time-barred and the loss in value of your vehicle from increasing further. We therefore recommend that you claims to have it checked by us free of charge and without obligation.

Verjährung bei Mercedes-Benz zum Ende des Jahres 2021

Marco Rogert — Wed, 13 Oct 2021 09:08:10 +0000

You drive a Mercedes Benz GLC, V-Class, Vito or Marco Polo? Then you should note that any claims for damages may expire at the end of 2021. In 2018, the Federal Motor Transport Authority (KBA) issued a unauthorized shutdown devices issued recall notices for more than half a million Mercedes-Benz vehicles. These affected functions such as the so-called coolant target temperature control, the so-called thermal window, a dosage for the addition of AdBlue and others. In October 2018, the KBA informed the first affected owners of the listed vehicles about a software updateBy receiving this information, the so-called recall letter, the affected owners of the vehicles in question have become aware of the manipulation and thus also of the possible claim for damages. From this point in time of knowledge, the statute of limitations begins to run at the end of the year after the usual limitation period of three years. In this case, the courts should therefore be allowed to assume a statute of limitations of December 31, 2021.

Quickly secure compensation for Mercedes-Benz

These models are specifically affected:

GLC 220 d,
GLC 250 d,
V-Class,
Vito,
Vito Tourer,
Marco Polo

The Mercedes GLC 220d 4Matic and GLC 250d 4Matic with 2143 cc and 120 kW, 125 kW, 150 kW with the Euro 6 emissions standard and the production period June 2015 to November 2016 are affected. Also affected are the Mercedes V-Class (Marco Polo) and the Mercedes Vito with 2143 cc and 100 kW, 120 kW and 140 kW from the years 2014 to 2018.

Owners of these vehicles should therefore act quickly and take advantage of their opportunities to claim compensation against Daimler AG.

Since 2018, there have also been numerous other recalls by Daimler. 1.4 million Daimler drivers received the news that emissions values in their diesel vehicles had also been manipulated using a switch-off device. Therefore, an end to the Mercedes recalls is not yet in sight.

Daimler is currently sending out invitations to "voluntary recall measures". As part of these service measures, owners are sent an information letter from Mercedes via the KBA. In these recall measures, Mercedes drivers are advised to carry out a software update. However, there are significant risks lurking in installing the software update. The measures can have a negative impact on the vehicles. Many car owners report consequential damage such as loss of power, increased fuel and AdBlue consumption and even the engine stopping. As experts in the emissions scandal, we advise you not to carry out the software update.

The past also shows that such “voluntary recall measures” can quickly become a mandatory recall and at that point the vehicle is threatened with being taken out of production.

Rogert & Ulbrich recommends

Do you drive an affected Mercedes-Benz? Then you should act quickly, especially in light of the impending statute of limitations, and let us examine your chances of success against Daimler. Prevent your potential claims from becoming statute-barred and the loss in value of your vehicle from increasing further. We therefore recommend that you claims to have it checked by us free of charge and without obligation.

„Schadensersatz trotz Verjährung der Ansprüche“

Marco Rogert — Wed, 08 Sep 2021 08:51:00 +0000

Despite the statute of limitations on claims, courts are increasingly ruling in favour of the complaining consumers and awarding them a so-called “remaining compensation" to.

Admittedly, receiving compensation for damages even though the claim has actually expired may seem strange at first. However, there is a very simple idea behind this legal finesse.

assert “residual damages claim” within 10 years

The injured party should be able to demand that the damaging party return the unjust enrichment resulting from the damaging act even after the limitation period has expired. This is therefore a "residual compensation claim" which the injured party can assert within 10 years - starting from the date the claim arose. In the cases of the emissions scandal, the claim arises when the vehicle is purchased, which was fitted with illegal switch-off devices by the vehicle manufacturer.

A "residual damages claim" awarded by the court is limited to what was gained through the unlawful act at the expense of the injured party. In our opinion, this is the specific purchase price that the defendant vehicle manufacturer achieved from the sale of the vehicle.

Let us introduce you to a free initial consultation You will be advised by an expert from our firm regarding the possible amount of your claim and your chances of success.

Oberlandesgericht Oldenburg: Keine Verjährung im Jahr 2020

Marco Rogert — Thu, Jun 24, 2021 07:25:00 +0000

Damaged drivers are not obliged to actively find out whether their car model is affected by the emissions scandal that has affected millions of cars. The ongoing media coverage of Germany's biggest economic scandal - also known as Dieselgate - does not change this. According to the Oldenburg Higher Regional Court, the media presence of the issue does not constitute a basis for consumers to be obliged to find out whether their vehicle has also been manipulated with an illegal switch-off device.

VW fails with its argument

In this case, VW had accused the plaintiff of ignorance based on gross negligence. This accusation was rejected by the judges of the Oldenburg Higher Regional Court and justified in detail. Volkswagen AG was ordered to take back the plaintiff's 9-year-old Tiguan in return for payment of just under € 13,600 (judgment of June 17, 2021, case number 8 U 212/20).

The plaintiff did not participate in the model declaratory action and only filed her lawsuit against VW with the Osnabrück Regional Court in 2020. This court had already denied the statute of limitations. The Oldenburg Higher Regional Court - as the next higher instance - has now confirmed the Osnabrück judge's ruling.

Anyone who intends to buy a vehicle will inform themselves about the vehicle's characteristics, the court found. However, once the vehicle has been purchased, the issue is resolved and there is no reason for the consumer to question the characteristics of the model. This means that the buyer has no obligation to take the initiative to clarify the matter. As a rule, a buyer does not know the technical name of the engine in his car, which is why it is not clear to the consumer that his car is affected by the emissions scandal.

There is no obligation for the consumer to research

Rather, the injured party had to actively research whether they were affected by the emissions scandal. No one had to assume that their vehicle had an illegal switch-off device, the ruling states. Even if, as VW has stated in these proceedings every time, an inquiry was easy and free, in this situation the owner is not obliged to investigate whether their vehicle is affected by the emissions manipulation.

Whether the letter to the owner from February 2016 cited by Volkswagen AG is sufficient to assume that the plaintiff's lack of knowledge was based on gross negligence does not need to be decided here - in the current case, the Senate could not be convinced that a corresponding letter was received in 2016.

Many victims who had not taken any measures to prevent the statute of limitations from expiring and only filed their lawsuit in 2020 can now have hope again. The essence of this ruling: Neither general knowledge nor negligent ignorance of the owner's knowledge of the impact of the emissions scandal on his vehicle can be assumed - it always depends on the individual case!

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Gerichte bejahen Restschadensersatzanspruch

Marco Rogert — Wed, 02 Jun 2021 14:21:38 +0000

Judgments by the Nuremberg-Fürth Regional Court and the Rottweil Regional Court now give legitimate hope for compensation despite the statute of limitations having expired. In their judgments of May 11, 2021 (case number 9 O 9278/20, Nuremberg-Fürth Regional Court) and May 10, 2021 (case number 2 O 525/20, Rottweil Regional Court), they affirmed the so-called residual compensation claim and ordered Volkswagen AG to take back the car and pay compensation - even though the plaintiffs only filed their lawsuits with the court in 2020.

While the Nuremberg-Fürth Regional Court awarded our client damages of almost €13,200 for his 10-year-old VW Touran with an EA189 diesel engine from Volkswagen AG, our client was even awarded damages of €15,640 plus financing costs paid by him for his over 9-year-old VW Amarok by the Rottweil Regional Court.

Limitation of residual damage claims only after 10 years

This option is provided by Section 852 of the German Civil Code (BGB), which guarantees the injured party the so-called residual compensation claim and only expires in the amount of the enrichment after 10 years from its creation, i.e. from the date of purchase. Those affected therefore still have the option of reclaiming what they obtained from Volkswagen through the purchase of the vehicle, provided that the purchase contract was concluded no more than 10 years ago. The purchase contract does not have to have been concluded directly with Volkswagen itself; an indirect inflow of assets, e.g. via contractual partners, must also be returned, according to the awarding courts.