Groundbreaking verdict in the emissions scandal
Now you can also claim damages from the VW Group (including AUDI, SKODA etc.) for used cars - even if the regular statute of limitations has already expired.
Now also for used cars and claims that have already expired
Claim damages from VW
The law firm Gabler & Hendel fights another groundbreaking judgment in exhaust scandal. Specifically, it was about one used VW Passat with engine EA189. The plaintiff acquired this on February 07.02.2013th, 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.
Volkswagen must provide information and an invoice
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 reasoning of the lawyers Gabler & Hendelthat there is a claim for damages under § 852 BGB against VW - even when buying a used car.
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That was the verdict of the Landshut district court
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Take your chance now to get compensation from the VW Group!
The judgment is also applicable to everyone VW daughters like 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!
That says § 852 BGB
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.).
Your benefits
Personal Consulting
Our lawyers take the time to answer your questions and - unlike many other law firms - can also speak to you by phone.
No cost risk
Before we take action, we get the cost commitment from your legal protection insurance for you.
uncomplicated
We look after your case from the first phone call to the conclusion of the procedure.
Experienced lawyers
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.
xenia
16:47 07 Jan 23
Alexander Greithaner is a top lawyer who supported me with professional competence and humanity. Many Thanks.
Erdem Besli
20: 40 21 Nov 22
Mr. Greithaner is very reliable, you feel comfortable and understood, and he stands by his clients on fire... Rarely seen a lawyer who does his work so excellently and really has a clue about his job. No talker but a doer. Thanks for everythingread more
Dracoroth
18: 44 29 Oct 22
We have absolutely nothing to complain about: contact friendly and at the same time professional. We became too... reliably and regularly kept up to date on the status of things in our lawsuit, which we ultimately won. From our side, a heartfelt thank you again to the law firm Gabler and Hendel and of course the unreserved recommendation for those who are looking for some competent lawyers. 😉read more
kosi buses
11:46 22 Jun 22
Mr. RA Schreiber gave us comprehensive advice to our complete satisfaction and us through his professional competence... convinced. We were well looked after all round! Thank you very much.read more
Joseph Hahn
07:17 22 Jun 22
Nice contact. Technically, the case was lost due to a missed deadline. Edit: Also in this case against... an unsatisfactory evaluation legal action.read more
Elke Christine Schuetz
10: 05 20 April 22
Top RA Mr. Greithaner 👍. Take care of it quickly and reliably. Very friendly and empathetic.
bloo
12: 28 12 April 22
Never had the feeling that it was really about me and my concerns. Communication difficult and it seems to work... messages lost. Silence for weeks, then the spit-out letter from the overwhelmed helpers is torn up in the air by the other side.edit: But then it doesn't take a day until legal action is taken against bad reviews on Google and they are supposed to be deleted. Along with a wall of paragraphs. If only I had gotten such an assignment in my case. Do you have to let it melt in your mouth?read more
Silvio M
10:02 25 Jan 22
The lawyers Gabler & Hendel represented me competently in the diesel scandal against Audi. (It was a... Audi A6 allroad 3.0 TDI). Communication, advice and feedback on the current situation were top notch at all times. I was very pleased with the conclusion of the process. (won)read more
Holger Lech
11: 04 27 Nov 21
The law firm represented me excellently, even under difficult conditions against Lufthansa! Grade :... Very well !read more
SR
09: 36 28 Oct 21
A top law firm in which only professionals work. Dealing on an equal footing. The address for legal advice in the... Upper Palatinate. Thanks very much!read more
Stephan Marchl
10: 58 13 Oct 21
perfect advice, personal and timely contact, professional approach with an ideal end result. Absolutely... recommendable, anytime again!read more
Halimstar5
06:37 10 Aug 21
A lawyer who does what needs to be done. And above all, who knows what to do? thank you
Carsten Schurig
09:24 04 Jun 21
I got in touch with the law firm G + H because of the diesel scandal after I filed a private lawsuit very late... I received competent advice very quickly and we were able to file a lawsuit within a few days. In the course of the process, it became clear that the defendant company did not want to compare Steps to explain, since without RS insurance there were certain risks. The process ended 100% in our favor. With Mr. Gabler and his staff, I could not have made it better from a human point of view during my first contact with the judiciary. Clichéd ideas that I had turned out to be completely unfounded.read more
Bernd Hackl
07:38 21 Feb 21
Friendly, fast, competent, successful. Thank you very much for your professional support in travel law. Bernd... Hackl (2020/2021)read more
Nina Kempka (dermasax)
15:41 15 Dec 20
Very good availability by phone, despite the difficult times at the moment. The advice is precise, with the... Concentration on the essentials. Many thanks to Mr Hendelread more
Catherine Benz
19: 11 09 Nov 20
I have been looking for a lawyer relating to travel law "flight delay / cancellation" and just the right one... found. The law firm is very friendly, helpful, always available for advice and did everything necessary. Every request received an answer and we won the lawsuit against the airline. It's worth going to a professional law firm like Gabler & Hendel turn than grapple with a portal. Despite the long distance, everything went perfectly. I highly recommend the law firm and would use them again in the future. I would like to thank the entire law firm for all their efforts and our positive success. Thanks :-)read more
Gerhard Bierschneider
08: 57 21 Sep 20
I have been very pleased with this firm and can recommend this without reservation. Everything went... fast, competent and high on assertiveness. If I need a lawyer again, this firm will be my first stop.read more
Michael Lutter
18: 57 02 Sep 20
The law firm conscientiously carried our case through to the end. We were always aware of the current state of the situation... informed. Thank you for the successful process.read more
Tobias Streich
10: 10 02 Sep 20
I hired G&H to claim an airline (delayed flight) and the law firm handled the process... transparently and ultimately successfully completed. To be recommended without reservation.read more
Wolfgang Eisert
12:55 27 Aug 20
Very professional approach, demand was sued for 100%. It pays to take the long view and not... give up prematurely.read more
Andrew Nauerz
10:13 27 Aug 20
Absolute recommendation. Especially Mr. RA Hendel understood from the start the options, the risks, the pros and cons... represent the context of a dispute properly. He always appeared competent and able to provide information. His commitment was absolutely outstanding, his handling perfectly. Va was optimized its act certainly not only to his own profit, but clearly my interests / needs protective / reflective. Just as one wishes the same time by a competent and trusted lawyer.read more
Sven Lindberg
21:51 17 Aug 20
Law Firm Award for Lawyer Gabler & Hendel!Yes, the law firm definitely deserved an award. Because against... Successfully suing well-known tour operators and airlines is certainly not a matter of course. Many thanks to the entire team for the exemplary cooperation. We felt very well advised, looked after and looked after. Unreserved recommendation!read more
Norbert Carpenter
07:47 16 Aug 20
Mr. Hendel supported me in a very uncomplicated way in the matter of the VW diesel scandal and me... helped. Thanks a lot for this!read more
Angel Perez
10:03 26 Jul 20
Mr Gabler gave me great advice on labor law. My company quit me and then resigned... withdrawn because I hired a lawyer. Many thanks to the law firm Gabler Hendel.read more
Robin Schenk
20:28 08 Jul 20
I was taken here not really serious, yet at least tried to represent me properly. Why rejects... not from the outset from, but prefers to keep a hand on the bills, only to afterwards give themselves no trouble? Qualitatively, there's much room for improvement!read more
Robert Tkotsch
19: 07 23 April 20
Top law firm friendly for Reiserecht.Sehr, very knowledgeable and very intuitive. Could our case with... do just a few emails and two phone calls. Lawsuit won, received money in no time. Conclusion: Highly recommendedread more
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.
