The Federal court of justice has strengthened the Position of the VW customers complain in the diesel scandal. The court stated that a new cars with switch-off is device is defective and the purchaser is entitled to a replacement.
In dispute over compensation for manipulated diesel cars from VW, the German Federal court of justice the claim of the plaintiff as justified. In a note the decision of the BGH stated that according to his "preliminary legal opinion" in the case of an impermissible switch-off means in a car of a "material defect can be assumed, is likely to be". The buyer is therefore entitled to a defect-free replacement.