display

Karlsruhe (dpa) - The claims for damages by diesel owners in the exhaust scandal against VW also include the additional costs for installment financing of the car.

Those affected are basically to be made as if they had never bought the vehicle, ruled the Federal Court of Justice (BGH) in Karlsruhe on Tuesday.

This includes the fact that they would never have financed the purchase with a loan from VW Bank.

Volkswagen must therefore reimburse Diesel claimants in this constellation for the financing costs in full.

(Az. VI ZR 274/20)

According to VW, the ruling will affect a four-digit number of cases.

It is about an average of 2000 euros.

display

The highest civil judge of the BGH ruled almost a year ago that the Wolfsburg-based car manufacturer had systematically deceived its customers with the scandalous engine EA189: If they had known that diesel cars emitted far more pollutants than could be measured on the test bench, they would probably have voted for decided another vehicle.

In most cases, claimants therefore have the right to return their car.

However, you do not get all of the money back, but have to be credited for the use.

VW has since agreed on a settlement with tens of thousands of customers.

In the case that has now been decided, it was still open what about the financing costs.

The plaintiff had put about 3275 euros in loan interest and credit default insurance.

According to the BGH, VW has to reimburse her for this money without any deductions.

The woman did not benefit from the financing that should be taken into account.

The judges thus confirmed a judgment of the Cologne Higher Regional Court.

The law firm Baumeister Rosing, which claims to have led the proceedings, stated that the judgment was "of enormous importance for claims for damages on financed vehicles".

display

VW, on the other hand, spoke of a special constellation: "The judgment cannot be applied to all financed vehicle purchases."

The "vast majority of customers" who would have financed their vehicle through the group banks would have agreed a documented right of return.

This means that when the final installment is due, the car can be returned to the dealer at an initially set price.

The BGH did not comment on this.

VW assumes that the customer did not suffer any damage in this constellation.

The ADAC sees consumer rights strengthened: "Financing costs are part of the total costs and must therefore be compensated," said Markus Schäpe, head of the legal center.

© dpa-infocom, dpa: 210413-99-188930 / 2

display

BGH notification on the judgment

Judgment of the Cologne Higher Regional Court of February 19, 2020

Basic judgment of the BGH on VW from May 25, 2020

BGH notification on this

BGH judgment of July 30, 2020 on interest and frequent travelers

BGH judgment of July 30, 2020 on damages from VW

BGH judgment of July 30, 2020 on tort interest

display

BGH judgment of July 30, 2020 on purchase from autumn 2015

BGH judgment of December 8, 2020 on corporate brands

BGH judgment of December 17, 2020 on the statute of limitations

BGH judgment of March 8, 2021 on the liability of Audi

BGH decision of March 9, 2021 on software updates