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In the case heard Thursday in the Federal Court of Justice (BGH), it will not ultimately matter whether the plaintiff goes to court too late. The man initially joined the typical declarative action of consumer associations against Volkswagen. Karlsruhe judges assume that this in any case precluded the statute of limitations, said President Rideger Pamp.
At the end of July, the sixth was held. Civil Senate decided. The Civil Senate plans to Bump VII to join. Since it concerned a relatively small amount and the case would have to be referred back to the Higher Regional Court in Stuttgart, Pamp advised both sides to come to an agreement. So it is unclear whether the ruling will ever be announced. This should be scheduled for the beginning of 2022.
The exhaust gas fraud was exposed a million times in September 2015. The affected claimants are entitled in principle to compensation from Volkswagen. Claims expire after three years. Complaints should have been submitted by the end of 2018 at the latest – if the plaintiff already knew in 2015 that his car also contained the scandalous EA189 engine, or should have known about it “without gross negligence”, as stated in German Civil Code (BGB). This point is often controversial in court.
Volkswagen 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 sixth rule. The Senate as of the end of July may not in all areas be outsourced to the single plaintiff in court. The Senate wants Bumps to negotiate the issue in five parallel sessions in February. Then more concrete information can be expected.
The case now being negotiated is private because the man had only filed a lawsuit in October 2019, but had been recorded in a model lawsuit in the months prior to that. The test case ended with a settlement that benefited 245,000 good diesel owners.
VW shares were temporarily down 0.47% to €184.72 in XETRA trading.
/ sem / DP / mis
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