A Supreme court judgment to possible claims in the Diesel exhaust gas scandal. So far, VW individual has signed comparisons, and so the court's jurisprudence prevents. This would be important.
By Claudia Korn Meier, ARD-right-editorial
a Good three years after the Blow of the VW exhaust scandal, should this week for the first Time, the Federal court about one of the many complaints of diesel drivers to negotiate. But it was Two weeks before Christmas, the appointment was cancelled. The plaintiff had taken his appeal. The reason: an out-of-court agreement. The content of this agreement is silent.agreement is no exception
such A short-term agreement is in the Diesel is no exception. Alone in front of the higher regional courts in Stuttgart and Karlsruhe are the total received to the 1000 diesel cases. In Stuttgart, the judges were able to decide on of which, so far, only in two cases. In Karlsruhe, Germany for around 250 professional were removed.
A landmark judgment of the Diesel exhaust gas scandal could create legal certainty.
"In many cases, it is reported that a has occurred out-of-court agreement," said the spokeswoman for the higher regional court of Karlsruhe, Julia Recently. "These out-of-court agreement is not us open, however, so that we have no knowledge of the contents of this agreement. We assume that in all cases, the Background of the appeal withdrawal."
in Front of the civil courts a claimant must make. The parties do not determine itself as it goes on - the court. It is in your Hand, continue the proceedings or not. Anyone who raises an action for annulment may withdraw also. For diesel drivers, such agreement is often the fastest and safest way to become compensated.High effort for dishes
The justice of this approach, however, faced several problems. Since the work is a first effort for the already overworked courts: "If a process is terminated, then, will be prepared at the higher regional court of the decision in writing," says Harch. This means that a decision will created the design, which was also the basis of the advice. And in cases where you can assume that a variety of other cases would be affected and that it will probably come to a decision of the Federal court, will just also prepared in detail.
in addition, it does not come to decisions in principle, which might create legal certainty. Open questions remain unanswered."The judge waiting for a decision-in-principle"
"in such an important matter such as this, the taken Revision, in particular for the lower courts is very disappointing," said Supreme court spokeswoman Dietlind Weinland. "Because there is a lot to process, and the judges are waiting on a policy decision of the Federal court of justice, on the you can use."
A landmark judgment in the VW exhaust scandal, there is not only VW closed-end comparisons.Is a strategy of VW behind it?
behind the short-term agreement, a strategy of VW? Wants to prevent the company Supreme and superior court rulings? The car manufacturer informs: "If Volkswagen decides to out-of-court settlement, from an economic point of and depends on the individual case." In addition, the number of comparisons is measured in terms of the total number of procedures is low.Second diesel case, at the end of February before the BGH
a second diesel case at the Federal court of justice on the appointment calendar. Whether the for the 27. February is set to be held an oral hearing in fact, is still open.
Against this Background, the importance of the pattern declaratory action against VW, which now has more than 300,000 diesel driver is especially clear. For one, it goes into this method, not to single constellations, but rather General questions, which can be the same for all cases relevant: Has damaged the car group through the use of the rigged exhaust Software car buyer intentionally unethical and cheated? He must therefore pay damages or refund the purchase price?