Judgment on VW scandal: BGH gives plaintiffs more time

Those affected by the VW diesel scandal can also join the model declaratory action against the car manufacturer after 2018. This was decided by the Federal Court.

The model declaratory action in the VW diesel scandal gives plaintiffs time. Those affected who have joined it can still assert their claims after 2018. That was decided by the Federal Court of Justice (BGH). In doing so, he strengthens the back of the plaintiffs again.

Registration and deregistration are also legal

In November 2018, the Federal Association of Consumer Organizations, together with ADAC, filed a model declaratory action against VW. So the rights of VW customers should be enforced collectively. Anyone wishing to join the lawsuit had to register in the lawsuit register at the Federal Office of Justice.

But until when? Until the end of 2018? Or was it enough that the associations submitted the model declaratory action in good time? Today the judges made it clear: The decisive factor was that the class action was brought by the end of 2018. Individual plaintiffs were also able to join her later. In addition, it is also legitimate to register and de-register for a class action in order to have more time to prepare your own lawsuit.

Courts may not assume knowledge

The VW emissions scandal became known in September 2015. Claims for damages expire after three years. Complaints 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. Despite the widespread media coverage at the time, the courts should not simply presuppose this, the BGH ruled on.

In the specific case, the plaintiff had only filed his lawsuit in 2019 – more than three years after the diesel scandal became known. He had previously registered and deregistered for the model declaratory action. The man demands a refund of the purchase price for a used car. After today’s decision, the Naumburg Higher Regional Court now has to negotiate again. The judges there had not found that the plaintiff knew about the scandal in 2015.