Wednesday 21 July 2021

Diesel scam case dismissed
Limits BGH exchange period to two years

This time it did not work in favor of the plaintiff. Many victims in the VW diesel scam demanded a new car from their car dealer as a replacement – even if their manipulated vehicle was very old. The court denied the request and set a deadline for the exchange.

The Federal Court of Justice (BGH) has already negotiated a plethora of cases related to the VW diesel scandal. But the judges in Karlsruhe have to repeatedly address new and sometimes more specific questions. So in today’s process too. Anyone who wants to exchange a new vehicle affected by the diesel scandal for a replacement vehicle for a successor model must file their claim within two years of the conclusion of the contract—otherwise they will be in bad luck after a Federal Court ruling. Has occurred. Justice (BGH). The judges in Karlsruhe set a clear deadline for subsequent deliveries, which previously did not exist. A buyer’s attorney spoke of the “shock” following the verdict. (Az. VIII ZR 254/20 etc.)

The proceedings pertain to four cases in which buyers bought brand new cars in 2009 or 2010. After the diesel scam was discovered, he asked for a new car instead of a software update. Since the models they originally purchased were not in production at the time, they tried to get a new model and sue for it. In two cases the lower courts ruled in favor of the plaintiffs, in other two cases they were unsuccessful. BGH rejected the plaintiffs’ claims in all four cases.

As a justification, BGH stated that the originally acquired vehicle models would no longer be manufactured. In current cases, buyers may not have requested subsequent delivery of the respective successor model until approximately seven or eight years after purchase. This does not correspond to the period in which the Contracting Parties can normally expect the warranty case and the corresponding claim for subsequent delivery.