The number is sobering: 30,000 civil lawsuits from diesel drivers occupied the higher regional courts in 2020. In the first few months of this year, the emissions cases increased again - even though the Federal Court of Justice issued a landmark judgment against Volkswagen more than a year ago and awarded deceived customers compensation .

In the future, the federal states want to react better and faster to such mass lawsuits, which are currently emerging against Daimler, Wirecard or the auditing company EY and which can lead the courts to the limits of their capacity.

At the Conference of Justice Ministers (JuMiKo) that begins this Wednesday, the possibility of a future preliminary ruling procedure by the BGH is to be explored.

Marcus Jung

Editor in business.

  • Follow I follow

    The model declaratory action, which came into force only three years ago, clearly does not seem to be the first choice.

    Even if there is still no consensus among the ministries according to FAZ information, a joint resolution should be passed.

    According to this, it should already be possible for the courts in the initial instances to appeal to the Federal Court of Justice on fundamental legal issues if they concern a large number of similar cases.

    The civil process is suspended until a decision has been made from Karlsruhe.

    A publication of the template is intended to prevent further courts from taking action on the legal issue.

    Sword of Damocles for parties to a dispute

    "The quick clarification of fundamental questions by the highest court is of particular importance in a constitutional state," says Peter Biesenbach (CDU), Minister of Justice of North Rhine-Westphalia and currently chairman of JuMiKo. So far, cases have often been decided differently, especially in mass actions. Until clarification by the Federal Court of Justice, a sword of Damocles hovers over the disputing parties, says Biesenbach.

    One feels reminded of the tens of thousands of civil lawsuits against VW and its subsidiaries: it took a good four and a half years from the first lawsuit to be filed in autumn 2015 to the landmark judgment. In cases in which a defeat became apparent, the automotive company compared - how often is not known. Volkswagen repeatedly asserted that it was interested in clarification from the highest court itself.

    Biesenbach goes into this with a side note.

    So far, defendants in mass lawsuits have attempted to avoid decisions from Karlsruhe at all by using "tactical subtleties".

    "The preliminary ruling procedure will put an end to this," the CDU politician is convinced.

    For the project that the federal legislature would have to initiate, Biesenbach advertises with "quick clarification, uniform case law and legal training".

    But: The hint of the federal judge should only develop binding for the main proceedings, but serve as a guideline for the comparable cases.

    Diesel revisions in Karlsruhe

    Meanwhile, the judges of the sixth civil senate at the BGH dealt with two other constellations in exhaust fraud on Tuesday. One revision dealt with the question of whether plaintiffs can continue to demand compensation from VW if they have resold their vehicle in the meantime. According to VW, around 1,000 comparable lawsuits are known. The second case involved a “switch bonus” that a customer had received for his used VW with a manipulated EA 189 diesel engine. When he bought his old vehicle from an Audi dealer, he received 6,000 euros - did he have to offset this against any compensation? Here, the Oldenburg Higher Regional Court decided in the lower instance that the sum does not have to be deducted.

    The Senate has not yet passed judgments. But according to the preliminary assessment of the federal judges, the chances of compensation have increased. Instead of the vehicle, the sales price should serve as a guide, it says (Ref .: VI ZR 533/20 and 575/20).