The law firm Gabler & Hendel wins another groundbreaking verdict in the exhaust scandal. Specifically, it was about one used VW Passat with engine EA189. The plaintiff acquired this on February 07.02.2013, 25.500,00 at a price of € XNUMX.
VW raised the so-called "objection of limitation" in the ongoing proceedings. This meant that claims under Section 826 of the German Civil Code could no longer be enforced. Now, however, the door was open to our client to assert a claim according to §§ 852 S.1, 818 Abs.
The Landshut district court sentenced Volkswagen on March 04.03.2021th, 75, Ref .: 2668 O 20/XNUMX (Link to judgment) To provide information and an invoice as to how much money VW received from the car in question. In the opinion of the LG Landshut, VW now has to pay out this profit (minus a usage fee) to our client.
The court follows the arguments of the lawyers Gabler & Hendel that there is a claim for damages according to § 852 BGB against VW - even in the case of a used car purchase.
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The judgment is also applicable to everyone VW daughters who. AUDI, SKODA, SEAT, PORSCHE etc. Contact us free of charge and without obligation! The Landshut Regional Court comments on the claim under Section 852 of the German Civil Code as follows:
"The wrongful act of the defendant In the present case, if the disputed vehicle is placed on the market with an impermissible disconnection device, the corresponding damage to the plaintiff is in the conclusion of the purchase contract (BGH, judgment of May 25.05.2020, 252, VI ZR 19/852). Without the placing on the market by the defendant, the injured plaintiff would not have been able to buy the manipulated vehicle. It can be irrelevant to whom the defendant sold the vehicle it produced and owned, whether to the company ******., Which in turn sold the car to the plaintiff, to another dealer in front of it or possibly also to an end customer who later traded the vehicle. What is correct about the arguments of the alleged party is that the defendant will regularly only obtain something once in connection with the placing on the market of a vehicle, be it by selling the vehicle to a car dealership or by selling it to an end customer, be it through direct sales or by way of example a commission business brokered by a car dealership. The exact distribution structures of the defendant in the specific case are not known here. In cases in which the defendant sells the vehicles manufactured by it directly to the end customer, the defendant should also assume a claim from § 1 sentence 25.05.2020 of the German Civil Code (BGB) based on the reading of the defendant's submission. In cases in which the defendant does not sell directly to the end customer, but to a car dealership, it usually appears economically impossible that the first buyer, i.e. the car dealership that subsequently sells the vehicle at a profit, can suffer any damage at all . Rather, damage only occurs - with the exception of cases of direct sale to end customers "ex works", i.e. by the defendant himself - when the intermediary / car dealership resells the vehicle to the end customer. The unlawful act of the defendant in the present case is the placing on the market of the vehicle at issue with an impermissible defeat device, the corresponding damage to the plaintiff in the conclusion of the purchase contract (BGH, judgment of 252, VI ZR 19/XNUMX). Without the placing on the market by the defendant, the injured plaintiff would not have been able to buy the manipulated vehicle. It can be irrelevant to whom the defendant sold the vehicle it produced and owned, whether to the company ****., Which in turn sold the car to the plaintiff, to another dealer in front of it or under certain circumstances also to an end customer who later traded the vehicle. "
The experienced lawyers of the law firm Gabler & Hendel represent you against the VW group - personally, quickly and competently!
Section 852 of the German Civil Code (BGB) is a reference to legal consequences. The sense and purpose of the regulation is not to allow the tortfeasor to permanently retain the advantage gained from the unlawful act (BGH loc. Cit.). Accordingly, in contrast to the condition of interference according to § 812 Paragraph 1 Sentence 1 Alt. 2 BGB, it is not a matter of direct interference with the content of a foreign law. The inflow to the injuring party does not have to occur directly and without any intermediate steps from the property of the injured party (BGH loc. Cit., Margin no. 21; BeckOGK / Eichelberger, 1.12.2020, BGB § 852 margin no. 19 et seq.).
Our lawyers take the time to answer your questions and - unlike many other law firms - can also speak to you by phone.
Before we take action, we get the cost commitment from your legal protection insurance for you.
We look after your case from the first phone call to the conclusion of the procedure.
Our law firm has been representing clients in the emissions scandal for several years. We know exactly which tactics the manufacturers are pursuing and adapt our strategies if we notice changes in other processes.
Ask & Answers to the emissions scandal
I have received a letter from KBA - how should I do?
If you have received a letter from the KBA (Federal Motor Transport Authority), you should contact our office. Because it is advisable to wait with the software update first. We will also check your case for you free of charge and without obligation and let you know whether you should install the update.
I want to defend myself against the emissions scandal - what are my chances?
Your chances of success depend largely on the time of purchase, the make, model and engine of your car. The courts judge mostly different. We would be happy to explain this to you in a free phone call.
I don't have legal expenses insurance - is it worth filing a lawsuit?
In many cases it is worth filing a lawsuit without legal expenses insurance. We also work closely with a litigation financier who acts like a kind of legal protection insurance for you. So you don't have to worry about legal fees or court costs.
I want to take action against the manufacturer - what do I have to do?
We recommend the following procedure:
- Arrange a free, no-obligation call us.
- Send us your vehicle registration document, vehicle invoice and the details of your legal protection insurance (if available).
Our lawyers will examine your case individually and will contact you. If your case is promising, we will proceed as follows:
- We carry out a coverage request with your legal protection or request coverage from our litigation financier.
- With positive feedback we write to the manufacturer and ask him to take back the defective vehicle.
- If the manufacturer then do not respond, we will submit without delay a lawsuit against this.
Do I have to return my car if I complain?
Our claim is aimed at the reversal of the purchase contract. This means that you have to return the vehicle, but receive back your purchase price minus a usage fee. However, the automobile manufacturers often try to compare each other. In this case, the comparisons stipulate that you keep the car and get a part of the purchase price refunded.
What is the usage compensation?
The compensation for use is calculated using the following formula:
Gross purchase price * driven kilometers / expectable remaining power
Example: Let's assume you drive a car with a purchase price of € 35.000. You bought this as a new car with 0 KM and have driven 100.000 KM so far. Then the calculation looks like this:
€ 35.000 * 100.000 KM / 300.000 KM = 11.666,67 €
This means you would need in an action against the manufacturer compensation for use of 11.666,67 € get credit. You get in our sample calculation so 23.333,33 € by the manufacturer back (€ 35.000,00 - 11.666,67 €).
As expectable rest mileage we put 300.000 KM based. This mileage is based on the latest rulings by the BGH and is therefore to be used as a reliable value. Some firms also accept a value of 500.000 KM or no compensation for use. This is possible (in theory), but not enforceable from our experience and frivolous.
Exhaust scandal machines
You can also use our exhaust scandal calculator to calculate your individual claim itself.
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- Step 2: