The Federal Court of Justice (BGH) has stopped the attempt of two plaintiffs to retroactively revoke loan agreements connected with car purchases. The XI. Civil Senate dismissed in Karlsruhe two revisions against judgments of the Higher Regional Court of Cologne. (Az: XI ZR 650/18 and XI ZR 11/19).
Although the chairman Judge Jürgen Ellenberger emphasized that it is only about credit law issues and not about the exhaust problem of diesel cars go. However, a decision in favor of car buyers would have had great importance for owners of older vehicles who want to get rid of their cars as a result of the diesel scandal.
The terms in the revocation policies that are at issue can be found in many car loan contracts. With a successful later revocation of the loan agreement, the plaintiffs from North Rhine-Westphalia would no longer have been bound by the purchase contracts for the cars.
The two plaintiffs complained several formulations in the revocation of BMW Bank and Ford Bank. However, according to the decision of the BGH, these are correct - and the withdrawal period is therefore limited to two weeks.
