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The Audi plant in Neckarsulm: The Federal Court of Justice examined damages for manipulated engines in the diesel scandal for the first time
Photo: Christoph Schmidt / dpa
Diesel buyers who have financed their car through a loan agreement with a return option can still be entitled to compensation.
The Federal Court of Justice (BGH) in Karlsruhe decided in a case about an affected Audi.
A so-called certified right of return gives customers the option of selling the car back to the dealer at a fixed price when the final installment is due. According to the judgment of the BGH, consumers with a diesel affected by the emissions scandal are not obliged to make do with it. You can also choose to keep the car and claim damages. The damage occurred with the conclusion of the contract.
The case concerned an Audi A6 with an EA897 engine model, which was affected by an official recall due to an inadmissible defeat device.
Whether Audi is liable here, however, remained open.
The Higher Regional Court of Celle had left this question out because it had assumed, due to the right of return, that the buyer would not be able to claim any damages anyway.
The case must now be renegotiated and decided in Celle.
The BGH decision on the right of return can be transferred to other car brands affected by the diesel scandal.
Audi assumes that plaintiffs are entitled to a documented right of return in a low four-digit number of proceedings.
Ref. VII ZR 389/21
hba / dpa
