Tens of thousands of Germans driving a Volkswagen diesel car have the right to return their car. Volkswagen then has to give them back money. That is the result of a ruling by the German Supreme Court.
The case was brought by the owner of a Volkswagen Sharan. He had bought his diesel car in 2014, but says he would never have done that if he had known how polluting his car is.
Volkswagen has cheated on the numbers by using manipulated software. VW diesels appear to be much more polluting than the company reported. All kinds of lawsuits and damages have now cost Volkswagen a fortune.
Settle kilometers driven
The owner of the VW Sharan had also been successful in a lower court, but he determined that Volkswagen did not have to repay the entire purchase amount. The man appealed against this, just like Volkswagen. The car manufacturer insists that the man is not entitled to a refund of the purchase price at all, because he has driven a good car for years and has suffered no damage.
But the Supreme Court finds that the owner of the Sharan has been misled. However, the court in Karlsruhe has determined that the man will not get the entire purchase price back; the kilometers driven may be deducted by Volkswagen.
This ruling has far-reaching consequences for other lawsuits pending in Germany. Tens of thousands of Volkswagen diesel owners can now claim a refund of part of the purchase price. In their case, too, Volkswagen is obliged to take the car back.
There are also more than 200,000 diesel drivers in Germany who have settled with Volkswagen in recent years for a lower amount. These agreements are final and therefore those owners are not entitled to a higher compensation.
Claims outside of Germany
According to Femke Hendriks of the Diesel Emissions Justice foundation, which in March on behalf of a large group of victims suffered a claim for damages through a Dutch court, the consequences of this ruling can be significant. “That Volkswagen is liable has been established for some time, it is now only about the type of compensation that owners can claim: besides ‘normal’ financial compensation for the depreciation of the car, for example also being able to return the car whereby the purchase price must be refunded, possibly with a deduction for usage costs. “
According to Hendriks, this statement makes it increasingly likely that Volkswagen will eventually have to pay large amounts to many people. “The net is closing around Volkswagen. We do not understand that they are still putting their heels in the sand. Last month, Volkswagen also received a fierce blow from a senior judge in England. This statement in Germany creates again a precedent, because the underlying legislation is comparable in all countries of the European Union. “
–
