Diesel plaintiffs at BGH got a damper on two issues

Diesel plaintiffs at the Federal Court of Justice (BGH) got a damper on two issues. The highest civil judge in Karlsruhe ruled that leasing customers with a car affected by the VW emissions scandal usually do not get any money back from the installments (Az. VII ZR 192/20). In addition, several claims for damages against Daimler because of the so-called thermal window in Mercedes diesels were dismissed (file number VII ZR 190/20, etc.). When leasing the car, the customer does not buy the car, but pays monthly installments for its use over an agreed period of time, like a rental. Here the judges see an important difference to the purchase: While a purchased car may be driven until it is ready for scrap, the use of the vehicle with leasing has "its own, fundamentally time-related value". The Senate therefore applies the following principle: Anyone who was able to use their diesel "without significant restrictions" for the entire leasing period has no claim to compensation. The customer had an advantage and paid installments for it, both of which weighed off. According to the judgment, an exception would only be conceivable if it was firmly agreed in advance that the customer would take over the car after the leasing period. But that was not the case here. Volkswagen welcomed the ruling that the BGH had confirmed the prevailing view of the higher court rulings. The decision affects a four-digit number of vehicles. The plaintiff, a man from the Ostalb district in Baden-Württemberg, had leased his Audi with the scandalous EA189 engine for four years and then bought it. Besides the leasing installments, he wanted the purchase price back. According to the Karlsruhe case law on the VW emissions scandal, that would actually also be possible. Those affected can return their car, but do not get the full purchase price back. A usage fee is deducted for the kilometers driven. The problem here: The man had not sued the parent company VW, but the subsidiary Audi. And the EA189 engine with the illegal exhaust technology was also used at Audi, but developed at VW. The BGH has so far lacked sufficient evidence that those responsible for Audi were entangled in the customer deception. However, the plaintiff is given the opportunity to present more specific information at the Stuttgart Higher Regional Court (OLG). Volkswagen had secretly used fraudulent software in millions of diesel cars, which in government tests disguised the fact that too many pollutants were actually emitted. Since today, Thursday, four former managers and engineers have had to answer in criminal proceedings before the Braunschweig Regional Court.