BGH does not see any formal hurdles for diesel class action lawsuits
Created: 06/13/2022, 17:02
The lawsuit files of the justice service provider Myright against the VW Group are on a table during a press conference.
© Peter Steffen/dpa
Online service provider Myright was authorized to have claims from foreign diesel buyers assigned to it.
Furthermore, no other formal obstacles are to be expected.
The verdict is still open.
Karlsruhe - The class action lawsuits by the online service provider Myright in the VW diesel scandal may be about to clear an important hurdle.
In a hearing of the Karlsruhe Federal Court of Justice (BGH) on Monday it became apparent that the provider under the umbrella of the German Financialright GmbH was authorized to have claims of thousands of foreign diesel buyers assigned to it.
Special expertise in Swiss law, for example, should not be required, as the presiding judge Eva Menges said.
At the same time, she surprisingly indicated that, after initial deliberations on the Myright class action lawsuits, her Senate sees no other formal obstacles that could also be relevant for German victims in particular.
It is unclear what role this aspect will play in the verdict.
The judges wanted to either announce their decision directly at 5 p.m. or then announce an extra announcement date.
The same applies to a second decision on possible residual damages for imported cars.
In return for a commission of 35 percent, Myright is collecting damages for tens of thousands of diesel owners in the event of success.
According to VW, several class action lawsuits for a total of around 36,000 clients are pending in German courts.
These include two class action lawsuits for more than 2,000 Swiss and around 6,000 Slovenian Myright customers.
In terms of content, each case must be examined individually.
Myright's standing to sue would be a prerequisite for that.
A Swiss case was heard at the BGH.
VW assumes that there are generally no claims for damages under Swiss law.
(Az. VIa ZR 418/21 and others)
The class action lawsuits are not to be confused with the already concluded model declaratory action lawsuit brought against Volkswagen by consumer advice centers.
This procedure had ended with a settlement from which a good 245,000 diesel owners benefited.
dpa
