BGH: Right of return does not exclude damages

Created: 12/16/2021 Updated: 12/16/2021, 1:05 PM

A sign with a federal eagle and the words Federal Court of Justice, recorded in front of the Federal Court of Justice (BGH).

© Uli Deck / dpa / archive image

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 on Thursday in an Audi case.

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.

Karlsruhe - According to the judgment of the BGH, consumers with a diesel affected by the emissions scandal are not obliged to do so.

You can also choose to keep the car and claim damages.

The damage occurred with the conclusion of the contract.

(Az. VII ZR 389/21)

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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 in Celle had left out this question because, due to the right of return, it had assumed 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.

dpa