Even the start of a model declaratory action against a car company in the diesel scandal prevents the claims of those affected from becoming statute-barred. The Federal Court of Justice (BGH) in Karlsruhe made this clear on Thursday. In the Volkswagen emissions scandal, for example, it was sufficient for individual diesel buyers to register in the lawsuit register in 2019. The only decisive factor was that the consumer advice centers had launched their model lawsuit before the statute of limitations expired at the end of 2018. The BGH also decided that you can also join a model lawsuit from time to time in order to gain more time to prepare your own lawsuit. That is not an abuse of law. (Az. VI ZR 1118/20)
The manipulation of the exhaust technology in millions of Volkswagen diesel vehicles came to light in September 2015 after US environmental authorities noticed anomalies and examined the cars. Claims for damages expire in Germany after three years. Lawsuits should have been filed by the end of 2018 at the latest – if it was already clear in 2015 that the company’s own diesel was affected. The case that was specifically at issue must therefore be tried again at the Naumburg Higher Regional Court. The judges there had not found that the plaintiff knew about the scandal in 2015.
© SZ from 07/30/2021 / SZ, dpa