The VW group was unable to convince with its arguments that the damage to the cars had been repaired by installing the software update in 2017. Instead, the judges strongly questioned VW's arguments. A disastrous start to the proceedings for VW. Even the lawyer for the VW group had to admit that. The judge put “a solid rock” in his way, he said in his opening speech.
If the verdict in this sense is also true, thousands of new and used car buyers could look forward to high compensation. The chance of a successful individual lawsuit would be very good. The BGH judgment thus has the potential to trigger a wave of lawsuits against VW and other manufacturers.