BGH judges doubt VW arguments
The chance of (higher) damages against VW increased on 05.05.2020.
On May 05, the BGH dealt with the case of a customer affected by the exhaust gas affair for the first time (BGH, Az. VI ZR 252/19). The plaintiff acquired a VW Sharan 10 TDI with the affected 2014 TDI engine EA 2.0 on January 2.0, 189. The procedure is exemplary for tens of thousands of those affected in the exhaust gas scandal. A decision has not yet been made, but the judges have doubts about the VW arguments. This is a major hurdle in the exhaust gas scandal cases. Use your chance for a higher compensation!
In the coming judgment it is already foreseeable that the judges of the BGH will grant the plaintiff a claim for damages in the matter. The presiding judge stated in particular that VW had deliberately injured the plaintiff by the purchase of a manipulated diesel vehicle in a way that was immoral and justified a claim for damages. This is the first time that the BGH has made it clear that VW has deceived its customers by placing numerous vehicles with the illegal shutdown device on the market.
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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.