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BGH: VW must also reimburse diesel plaintiffs for financing costs


Buyers of a VW cheat diesel can usually return their car and claim the purchase price back - minus usage. According to the BGH, anyone who bought their car on credit can also claim financing costs.

Enlarge image

VW diesel in the workshop: Financing costs are also costs - and must be replaced

Photo: Julian Stratenschulte / dpa

Anyone who fell for a VW with an illegal defeat device when buying a car is not only entitled to a refund of the purchase price.

After a ruling by the Federal Court of Justice (BGH), he can also have the financing costs reimbursed in full.

The claims of diesel owners also included the additional costs for installment financing, judged the Karlsruhe judges.

Those affected are basically to be presented as if they had never bought the vehicle.

This includes the fact that they would never have financed the purchase with a loan from VW Bank.

In the specific case, the BGH had to decide whether a woman from North Rhine-Westphalia should buy a car.

She had bought a used VW Golf in 2013 and largely financed it with a loan from Volkswagen Bank.

Over the years, she paid more than 3,000 euros for interest and loan default insurance.

The Cologne Regional Court and Higher Regional Court (OLG) ordered VW to reimburse the purchase price minus a fee for the use of the vehicle and the financing costs.

No legal errors had been made, the BGH now determined and confirmed the judgment of the Cologne Higher Regional Court.

If the plaintiff had not bought the car, they would not have financed the purchase price with a loan, it was said to justify.

The woman did not benefit from the financing.

The meaning of the judgment for the Diesel plaintiffs is controversial

The highest civil judge of the BGH ruled almost a year ago that VW had systematically deceived its customers with the EA189 engine.

The group's behavior was immoral.

Had they known that diesel cars emitted far more pollutants than what was measurable on the test bench, they would probably have opted for a different vehicle.

In most cases, plaintiffs therefore have the right to return their car and reclaim the purchase price.

However, you still have to have the use of the car credited to you for the repayment.

VW has since agreed on a settlement with tens of thousands of customers.

The law firm Baumeister Rosing, which claims to have led the proceedings, stated that the judgment was "of enormous importance for claims for damages on financed vehicles."

VW spoke of a special constellation, the ruling only had an impact on a four-digit number of proceedings.

It is about an average of 2000 euros.

"The judgment cannot be applied to all financed vehicle purchases." The "vast majority of customers" who would have financed their vehicle through the group banks would have agreed a documented right of return.

Accordingly, when the final installment falls due, the car can be returned to the dealer at an initially set price.

The BGH did not comment on this.

VW assumes that the customer did not suffer any damage in this constellation.

File number: VI ZR 274/20

apr / dpa

Source: spiegel

All business articles on 2021-04-13

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