Exhaust gas scandal: BGH will probably not clarify the statute of limitations until 2022

The question of when claims for damages against Volkswagen will expire in the diesel scandal will probably not be finally answered until next year. In a case that was heard on Thursday at the Federal Court of Justice (BGH), it will ultimately not matter whether the plaintiff went to court too late. The man had initially joined the consumer associations’ model declaratory action against Volkswagen. The Karlsruhe judges assume that this in any case inhibited the statute of limitations, as chairman Rdiger Pamp said.

At the end of July, the VI. Civil Senate decided. Pamps VII Civil Senate plans to join. Since it is about a comparatively small sum and the case would have to be referred back to the Stuttgart Higher Regional Court, Pamp advised both sides to come to an agreement. It is therefore unclear whether a judgment will be announced at all. A date for this should be scheduled for the beginning of 2022.

When did the plaintiffs know?

The millionfold exhaust gas fraud came to light in September 2015. Affected claimants are in principle entitled to compensation from VW. The claims expire after three years. Complaints should have been filed by the end of 2018 at the latest – if the plaintiff already knew in 2015 that his car also had the scandal engine EA189, or should have known about it “without gross negligence”, as stated in the German Civil Code (BGB). This point is often controversial in court.

VW takes the position that the topic was so ubiquitous in the media in 2015 that almost everyone should have heard of it. According to the judgment of VI. Senate from the end of July, this may not be imputed across the board to the individual plaintiff in court. Pamps Senate wants to negotiate the question in five parallel proceedings in February. Then more specific information can be expected.

The case now being negotiated is special because the man had only filed a lawsuit in October 2019, but had been registered for a model lawsuit in the months before that. The test case ended with a settlement from which a good 245,000 diesel owners benefited. (dpa / swi)

Also read:

BGH decides in favor of the dealers: Diesel buyers cannot simply withdraw from the purchase

BGH ruling on the emissions scandal: leasing customers do not receive any compensation

After losing to Ohio: VW brings Dieselgate proceedings to the US Supreme Court

From the data center:

Development of pure diesel cars in Germany from January 2019 to October 2021

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Lenny Li

I started to play with tech since middle school. Smart phones, laptops and gadgets are all about my life. Besides, I am also a big fan of Star War. May the force be with you!

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