violation of common decency.
27 VW diesels in the Bonn city fleet were equipped with illegal switch-off devices. The municipality therefore sued the car manufacturer for around 678,000 euros. The Bonn Regional Court has now largely upheld this claim.
The installation illegal defeat devices The Bonn Regional Court clearly assessed the damage to 27 VW diesel cars in the Bonn city fleet as intentional immoral damage according to § 826 of the German Civil Code, which justifies compensation. The car company must now reimburse the municipality the purchase price of the vehicles plus tortious interest. In total, VW to pay damages of around 469,120 euros. In return, the city must return the vehicles (May 20, 2020, case number 1 O 481/18).
The emissions scandal not only harms private individuals but also municipalities
The city of Bonn had originally demanded compensation of more than 678,000 euros plus tortious interest. The court largely complied with this demand. Costs for conversion and leasing, which according to the court would have been incurred for other vehicles anyway, were not recognized. In addition, the 1st Civil Chamber deducted usage compensation of around 89,000 euros from the purchase price.

"We are fundamentally satisfied with this ruling and welcome the fact that the Bonn Regional Court has clearly highlighted the immorality of consumer deception through emissions manipulation. We consider it questionable to regard the expenditure on conversion and leasing as "free costs". On the other hand, it is gratifying that the city of Bonn was awarded the tort interest. This corresponds to some decisions that we had already won. Overall, the proceedings show that not only private individuals but also municipalities were harmed in the emissions scandal. From our point of view, it is all the more incomprehensible that more cities and municipalities have not enforced claims for damages, even though the issue has been virulent for years. In the end, the taxpayer in these local authorities will have to pay for the damage."
partner Tobias Ulbrich
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