BGH strengthens rights of VW customer in the exhaust gas scandal

The Federal court of justice clarified in a decision that an illegal shutdown device on the engine, a defect and the buyer have the right to a defect-free replacement. A VW had customer complaints against his car dealer, because after the purchase, turned out that the VW Tiguan is an impermissible switch-off device is installed. the

An illegal shut-off device in diesel engines with a defect is. This has made the Federal court of justice (BGH) in Karlsruhe, after notification by the Friday for the first Time the highest court in a decision is clear. There is a danger that the authorities deny the approval of the affected cars. So that customers could no longer use your vehicle.

VW had Sued a customer against his car dealer. He had bought in the year 2015, the model Tiguan. In the course of the exhaust gas, the affair came out that the car was equipped with an illegal defeat device. The customer therefore demanded from the car dealer a new car with the same equipment as a replacement or a repair of his car. The Problem is that Volkswagen has been producing in 2016, only a newer model variant of the Tiguan. This has a more powerful engine and is slightly larger. The car dealer didn't give in to the demand of his customers.

Many of the VW customers complain

So the client went to court. There, he initially had no success: in the opinion of the higher regional court of Bamberg, the required replacement delivery of a defect-free new vehicle is impossible. The court reasoned that the differences between the two model versions are too big. But the Revision allowed for, so the case landed before the Supreme court.

On Friday, was the for the 27. February scheduled trial date, however, has been cancelled because the customer and the car dealer on a comparison had agreed. The client had withdrawn his appeal. Therefore, in this case, no judgment, the Supreme court said anyway. The decision strengthens the Position of customers who are in legal disputes with merchants. The Supreme court fixed point, namely, that buyers have entitlement to a defect-free replacement. Also, if newer models are available. Important features of the model, but the cost for the replacement was to be the decisive factor.

Currently, many VW customers court going against their car dealer or Volkswagen directly. More than 400 000 owners of diesel cars with tampered emission control have joined a pattern declaratory action against VW. Furthermore, the BGH to negotiate - yet there is no date for the procedure.