Stand: 19.02.2019 14:49 clock
For the first time the complaint from a VW driver, who feels cheated by Volkswagen due to the diesel scandal, probably lands before the Federal Court (BGH). Volkswagen and plaintiff lawyer MyRight, representative of the plaintiff, said Tuesday that the Oberlandesgericht (OLG) of Braunschweig rejected the claim for damages. MyRight announced that it would request a review for the BGH. The claimant demands repayment of the purchase price of his diesel car purchased nine years ago. He had already lost his case in court and appealed.
VW lawsuit goes to the next round
Lower Saxony 18.00 – 19.02.2019 18:00 Author: Rüdiger Strauch
After the Brunswick Higher Regional Court has rejected claims for damages from VW customers, they want to go to the next instance. The judges had a review before the BGH.
Judge: "Type approval is no guarantee"
The presiding judge at the OLG led her Judge that there were no legal bases for the claims made by the applicant. The certificate of conformity with which VW confirmed that the delivered vehicle conformed to the approved type was not a guarantee by VW AG, and also "no declaration of intent by the manufacturer that it will be responsible for the agreed condition". The corresponding legal provisions were mainly used for road safety, as well as for the protection of health and the environment, according to the court. The fact that Volkswagen violated a law that serves the individual protection of the plaintiff's assets could not determine the room. And further: "Although the VW AG installed an inadmissible automatic shutdown in the vehicle, there is no violation of the provisions of the EC Vehicle Authorization Regulation because both the certificate of conformity and the underlying type approval remain in force despite the shutdown device." A claim for compensation for fraudulent action by VW AG does not therefore exist, the court ruled. A review at the Federal Court of Justice allowed the OLG.
Both parties welcome the verdict
Volkswagen was satisfied with the verdict. "Then buyers of diesel vehicles with switching logic do not have claims against Volkswagen AG", according to the company. Even the company MyRight, which cooperates with the specialist in such cases, the American law firm Hausfeld, welcomed the defeat of the decision of the higher regional court despite the defeat. For founder Jan-Eike Andresen, MyRight is now in the "final" against VW. "This is a huge success for our young company."
Will the case be referred to the European Court of Justice?
According to Andresen, the process could have even larger dimensions. MyRight accuses Volkswagen of violating European licensing and environmental regulations. That is why the BGH can not dismiss the action without first calling the European Court of Justice (ECJ), Andresen says. There, it would then have to be decided whether VW was already obliged to pay compensation for infringements of EU legislation – not only would the 2.6 million diesel in Germany be affected. So as soon as the ECJ deals with the lawsuit, Volkswagen could threaten the claims for all engineered diesel sold in the EU, Andresen said. According to VW, it is completely unclear whether the BGH actually submits the case to the Court of Justice. "So far, offices and courts have had no problems with the interpretation of European standards at stake here," a spokesperson for VW said.
MyRight represents 35,000 VW customers
The verdict of Tuesday could now point to other courts in Germany, because so far only very few higher regional courts in Germany had dealt with complaints in the diesel scandal. In order to prevent such statements at a higher level, Volkswagen had always agreed with the customers outside the court, especially if the group had threatened a defeat. The process in Braunschweig was also followed with great interest, because MyRight represents another 35,000 VW diesel engines in Germany.
More lawsuits against Volkswagen
Although the highest court in Cologne awarded compensation to a VW driver in January, this was not a car owner represented by MyRight. Regardless of the MyRight process, the approval procedures for patterns that bundle the consumer center and which have approximately 400,000 customers are also underway. Negotiating this is not yet clear.