{"id":2364,"date":"2020-06-30T11:22:00","date_gmt":"2020-06-30T09:22:00","guid":{"rendered":"https:\/\/www.rogertulbrich.de\/wp\/?p=2364"},"modified":"2024-07-08T13:13:05","modified_gmt":"2024-07-08T11:13:05","slug":"verjaehren-ansprueche-von-autokaeufern-nach-10-jahren","status":"publish","type":"post","link":"https:\/\/ru.law\/en\/verjaehren-ansprueche-von-autokaeufern-nach-10-jahren\/","title":{"rendered":"Do car buyers\u2019 claims only expire after 10 years?"},"content":{"rendered":"

diesel emissions scandal.<\/h2>\n\n\n\n

When do the claims of injured diesel buyers expire in emissions scandal<\/a>? This legally complex question is still controversial. A decision by the Marburg District Court now shows a new perspective and gives injured car buyers the opportunity to assert their claims well beyond 2020.<\/p>\n\n\n\n

According to the prevailing legal opinion to date, claims for damages by many VW customers in the diesel emissions scandal have been time-barred since the end of 2019. However, the Marburg District Court now takes the view that the claim for damages by injured parties should not expire after 3 years, but only after 10 years in accordance with Section 852 of the German Civil Code (June 16, 2020, case number 9 C 891\/19). <\/p>\n\n\n

Section 852 of the German Civil Code states: \u201cIf the person liable for compensation has gained something through an unlawful act at the expense of the injured party, he is obliged to return the damage in accordance with the provisions on the return of unjust enrichment, even after the limitation period for the claim for compensation for the damage resulting from an unlawful act has expired. This claim expires ten years after it arises\u2026\u201d <\/p>\n

The prerequisite is that there is a fundamental claim for damages - and the Federal Court of Justice clearly affirmed this in the diesel emissions scandal, initially only with regard to VW, but the ruling is likely to set the tone for proceedings against other car manufacturers.<\/p>\n\n\n

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"The Marburg decision offers interesting food for thought. It states that manufacturers who - like VW - have deliberately and immorally deceived their customers must pay for their financial losses even 10 years later. Volkswagen's delaying tactics and attempts to delay proceedings until the end of the statute of limitations will not get them through. Even if higher courts confirm this legal opinion, diesel buyers who have previously assumed that their claims were time-barred at the end of 2019 also have a good chance of getting their rights."<\/p>\n\n\n\n

Partner Dr. Marco Rogert <\/p>\n<\/div>\n<\/div>\n\n\n\n

Controversial: When does the limitation period begin?<\/h3>\n\n\n

The decision of the Marburg District Court sheds new light on an unresolved and controversial issue. Claims for damages due to intentional immoral damage under Section 826 of the German Civil Code are usually time-barred after 3 years - this is what Section 195 of the German Civil Code stipulates. However, it is still disputed when exactly this 3-year period begins. According to Section 199 of the German Civil Code, it runs from the end of the year in which the claim arose or the diesel buyer had or should have had knowledge of the "circumstances giving rise to the claim", i.e. the presence of an illegal switch-off device. This is exactly where the rub lies. There are still different views on the question of when customers could have known about the emissions manipulation, especially with the scandalous EA189 engine:<\/p>\n

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