From
Wolfgang Janisch, Karlsruhe
Claims for damages by plagued diesel drivers against the car companies have not been an easy undertaking so far. The Federal Court of Justice (BGH) set the hurdles for the plaintiffs very high, much to the delight of the manufacturers. In addition, the judiciary is full of lawsuits and the regional courts can hardly keep up. Now the procedural backlog could possibly prove to be useful. Because this Tuesday, the European Court of Justice (ECJ) in Luxembourg will make a landmark judgment that could initiate a turnaround in case law – also for the BGH. And that would benefit all those whose proceedings are not yet final.