• PDF

The Volkswagen Federal Court of Justice Ruling of 25 May 2020 – a Landmark Judgment for Consumers in the VW Diesel Scandal

JFT 3/2020 s. 375–387
5.11.2020
Oikeustapauskommentti

On 25 May 2020, the German Federal Court of Justice (Bundesgerichtshof – BGH) handed down its first landmark judgment in the ‘VW Diesel Scandal’, almost five years after it had become public knowledge that the car manufacturer had installed ‘defeat devices’ in a number of their diesel engines to circumvent emission requirements in order to get their vehicles certified for various markets worldwide.

In the view of the court, VW is liable under Paragraph 826 BGB

(Bürgerliches Gesetzbuch – German Civil Code) to reimburse the purchase price to buyers of vehicles with the affected engine types, albeit with the amount being reduced by benefits of use. Paragraph 826 BGB covers liability for intentional damage in a manner contrary to public policy.

Despite the overall satisfying outcome of the judgment from a consumer

perspective, there are a few questions that were not addressed, such as the cut-off date for potential claimants regarding the purchase of their vehicle, or the extent of the benefits of use. Overall, the judgment is an important ground ruling for ongoing individual claims against the car manufacturer in the diesel scandal, but also underlines the necessity of the European legislator to advance its efforts in enabling representative actions for consumers in mass claims with cross-border elements.

Asiasanat
• Bil - Köp av lös egendom - Rättsutveckling - Skadestånd - Tyskland