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Photo: Hendrik Schmidt / dpa
A car owner sold her car during the ongoing legal dispute with VW.
Nevertheless, the plaintiff is still entitled to compensation, the Federal Court of Justice ruled.
Your damage was caused by the unknowing purchase of a vehicle with manipulated exhaust technology and is not eliminated by reselling, it says in the judgment.
This means that Diesel plaintiffs are entitled to compensation from Volkswagen even after their car has been resold.
When calculating the amount of damages, the proceeds achieved, together with the kilometers driven, must therefore be deducted from the original purchase price.
According to VW, this affects around 1000 pending proceedings.
At the same time, the highest civil judges decided that it would not be disadvantageous for the plaintiff if he had made use of a so-called switch bonus.
In the case, the plaintiff had traded his VW to an Audi dealer and received a bonus of 6,000 euros.
According to the Federal Court of Justice, those affected are allowed to keep this money; it is not offset against the compensation.
The bonus has nothing to do with the value of the car, but rather a reward for changing car or brand.
(Az. VI ZR 533/20 etc.)
mmq / dpa / AFP