justice
Despite the statute of limitations: BGH examines claims by diesel plaintiffs
Diesel owners who did not sue VW in time in the emissions scandal should be looking forward to Karlsruhe this week. Photo: Moritz Frankenberg/dpa
© dpa-infocom GmbH
Those who went to court too late in the emissions scandal can still hope for residual damages from VW. You can’t get anything from the used ones anymore. But for new car buyers everything is still open.
Do diesel owners who sued too late for damages still get money from VW? This question occupied the Federal Court of Justice (BGH) for the second time within a very short time.
According to the decision of the highest court on February 10th, anyone who bought a used car affected by the emissions scandal is finally left empty-handed. Today the judges in Karlsruhe are now negotiating the new cars. Whether they will immediately announce a decision is open.
The so-called residual damages are now the focus of the legal disputes over the VW scandal engine EA189. The Federal Court of Justice has long since ruled that those affected are generally entitled to compensation from Volkswagen. But the claims must be asserted within three years, otherwise they expire. And thousands of plaintiffs went to court too late.
flood of diesel procedures
They are now hoping for a special provision in the Civil Code, paragraph 852. According to this, there can still be claims after the statute of limitations has expired if “the person liable for compensation has obtained something through a tortious act at the expense of the injured party”. Because nobody should profit from the fact that he has harmed someone else – just because he has not complained in time.
However, the regulation does not apply to diesel bought used, as the BGH clarified a week and a half ago. VW had “already realized any advantage when the vehicle was placed on the market as a new car”. When it is later resold, however, the carmaker does not get any of the profit.
Conversely, this could mean that the chances are better for the newly purchased diesels. The judges of the VIa are now dealing with this. Civil Senate, which the Federal Court of Justice set up to deal with the flood of diesel proceedings.
Two cases from Rhineland-Palatinate and Lower Saxony are being negotiated. The plaintiff and the plaintiff were left empty-handed in the lower court.
The Higher Regional Court (OLG) Koblenz was of the opinion that Section 852 only applies if a timely action for damages was difficult or impossible. However, those affected by the emissions scandal could have joined the model lawsuit brought by the consumer advice centres. The Oldenburg Higher Regional Court was less strict on this point, but missed information from the plaintiff on the approximate amount of VW’s profit. Other customers have been awarded money before the higher regional courts.
The Wolfsburg-based carmaker takes the view that residual damages in the diesel proceedings are generally out of the question. According to VW, there are around 3,000 procedures for new cars. However, there are many different constellations, and the BGH cannot clarify all questions on the basis of the first two cases. In part, VW only manufactured the engine. Other customers would have bought their car as a re-import, demonstration vehicle or with one-day registration.