diesel drivers whose cars are equipped with a manipulated switch-off device, can hope for maximum judicial support. In a Friday post note the decision of the Federal court of justice announced its "preliminary interpretation of the law", after an improper shut-off device represents a material defect. It is best that the risk of a ban, said the highest German civil court, which manifests itself for the first time to the diesel manipulations.
method on Wednesday has been cancelled
Actually, the Federal court would have to negotiate next Wednesday for the first time, the action of a VW customer, the return with an impermissible switch-off device equipped with the VW Tiguan, and a fault-free replacement model wanted to have. This procedure had been cancelled on Friday in the short term. "The appointment is cancelled, it has compared," confirmed the lawyer of the plaintiff, Siegfried Menne Meyer, the daily mirror. Earlier, it was already a for the 8. January scheduled hearing in another case, a burst in front of the Supreme court, because the plaintiff had taken his appeal.
applicants can replacement request
However, regardless of the withdrawal of the Revision has reported to the Federal court of justice in the Tiguan-case, surprisingly, to the word – in the sense of the plaintiff. The higher regional court of Bamberg, had rejected the claim on a replacement, because the plaintiff had a VW Tiguan of the first Generation that will not be manufactured any more. Such a model could not be procured, had VW argues. This line of reasoning, the Federal court of justice do not apply. For the procurement obligation of the seller, a subsequent model change "in the rule was irrelevant," say the judges.
More than 407.000 people are involved in the pattern declaratory action
Currently, many VW complaints-customer warranty and damage replacement due to software manipulation. In addition to individual lawsuits, the process of financiers My Right bundles of thousands of cases and planning a pattern of proceedings before the Federal court of justice. The pattern for a declaratory judgment of the Federal Association of consumer organisations (VZBV) participate more than 407.000 consumers. A date for the first negotiation, there is not here yet.
Both VZBV chief Klaus Müller, as well as My Right and see the attitude of the Federal court of justice confirmed. The findings of the Supreme court would have a "signal effect" for the pattern declaratory action. It is now clear that "even after the highest judicial opinion, the use of the disconnection device do not add to that is," stressed Germany's top consumer advocates. Even with My Right you a rating of the Supreme court remarks as a tailwind. It is in the collective action of My Right, with 45,000 participants, in the same way as in the case of the pattern declaratory of the VZBV to proceedings against VW and not, as in the case of the VW Tiguan a procedure against a dealer, however, both assume that the evaluation of the improper shut-off device will help as a defect in the plaintiffs.
VW: explanatory notes is not a guide to
However, VW stressed that the instructions of the Supreme court were "no concrete conclusions for the prospects of success" of grace claims, and other warranty claims. The same is true for the actions of My Right, and the pattern for a declaratory judgment, stressed a spokesman. In addition, the explanations of the Supreme court were provisional, that is, the Federal court had not yet made a decision.
in fact, the Federal judge had, as yet, no opportunity. Because so far, Volkswagen has succeeded in always, to prevent comparisons of the Supreme court judgments. The fate threatened in the case of the Tiguan-owner, was also compared with the Volkswagen. But obviously, the BGH felt the need to refer to them in the year long legal dispute between Volkswagen, VW dealers and customer. Thus, lawyers and plaintiffs get a hint of what awaits you at the Federal court of justice.
My Right: the courts have to show the neck out of the delaying tactics of VW
"The court orders that the courts have the neck full of the game of hide and seek by VW and said My Right speaker Jan-Eike Andresen. The delaying tactics of VW have to work for three years in Germany, "it's over now". It is clear that, at the latest, My Right-pattern case will be brought before the Federal court of justice. Andresen expects the October. Also, consumer advocates Müller was noted on Friday the satisfaction. The strategy of VW to prevent a substantive positioning of the VW, by comparison, have had no success, said Müller.
courts decide more and more often for the consumer
After VW was able to initially win most of the court proceedings, the tables have turned now. "In 85 of the 105 land court districts, customers get legal," said lawyer Ralph Sauer day-to-day level. Oxygen is one of the lawyers who looked after the pattern declaratory action against VW. It is different, however, in Braunschweig, where plaintiffs are so far in front of the Land, as well as the higher regional court failed. In Brunswick, the proceedings against Volkswagen, because Wolfsburg is not far away focus. Also, the pattern declaratory action is located at the higher regional court of Braunschweig, but in a different Senate. More than 28 billion euros of diesel amounted to VW already tasted. Green party Vice Oliver Krischer expects further enormous costs on VW and other manufacturers have installed an illegal defeat device in their cars.
Not only VW is affected
diesel gate-cases relate mainly to Volkswagen, but not only. The regional court of Stuttgart sentenced in several cases, Daimler to pay compensation to the car buyer, because of the use of manipulation software in the engine series OM 651, emphasizes a lawyer Klaus Nieding. However, these judgments are not yet final.