For the first time, a trial of diesel drivers against Volkswagen goes to the Federal Court of Justice (BGH). As the group and the plaintiff legal service provider MyRight announced, the Higher Regional Court (OLG) Braunschweig dismissed the claim for damages. This allows MyRight to apply for revision before the BGH.

The legal service calls nationwide in the name of about 45,000 diesel drivers back the money. According to MyRight, it is particularly contentious whether Volkswagen must repay the purchase price in full or deduct a deduction for the use of the vehicle.

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Many diesel drivers see themselves damaged because their cars have lost value in the wake of the exhaust gas scandal. In addition, in some cities they are no longer allowed to drive on individual roads or entire areas.

MyRight founder Jan-Eike Andresen spoke of a "tremendous success" because the revision was approved. His company is now in the "final" against VW.

The BGH, which works together with the US law firm Hausfeld specializing in such cases, wants to clarify fundamental legal issues. She hopes for arguments that she can transfer to other cases. The case concerns claims for damages from 2.6 million VW diesel drivers.

Case could draw even larger circles

VW also welcomed the judgment because the Higher Regional Court had upheld the judgment of the lower court. Thus, "buyers of diesel vehicles with switching logic have no claims against Volkswagen AG," said the company. With the term "switching logic" VW means a software detection that shuts off the emission control.

According to MyRight, however, the case could take on even greater dimensions - and affect all European drivers of manipulated VW diesels. Since the complaint also concerns European licensing and environmental regulations, the BGH can not dismiss the case without first calling the European Court of Justice (ECJ). "VW is in a bind," said Andresen.

It was completely unclear whether the BGH presented the case to the ECJ, which was contrary to VW. The prerequisite for this is that European law is relevant to the decision and that the Federal Court of Justice has problems with its interpretation. "So far, offices and courts have had no difficulty in interpreting the European standards that are in question here," said a spokesman.