What is the key legal precedent set for VW diesel car owners in Germany?

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A German Court Ruling Establishes a Precedent for Volkswagen Diesel Car Owners Regarding Emissions Software

A significant ruling by Germany's Federal Court of Justice (BGH) has established that Volkswagen must buy back diesel cars equipped with emissions-cheating software, even if the vehicles remain usable. This decision upholds a lower court's finding in favor of plaintiff Herbert Gilbert, who can return his Volkswagen Sharan minivan purchased in 2014 for reimbursement, albeit with a deduction for the period of use. This marks a crucial legal setback for Volkswagen within its home country concerning the "dieselgate" scandal, potentially impacting around 60,000 similar cases still pending.
Buyback Mandated Despite Vehicle Usability

The court confirmed that the act of selling the modified car constituted harm to the plaintiff, Herbert Gilbert, irrespective of the vehicle's continued functionality for its intended purpose. This principle challenges Volkswagen's argument that the vehicles were still usable. The ruling effectively mandates the buyback of affected diesel vehicles, providing a clear legal path for owners seeking recourse.
Financial Settlement Includes Depreciation Discount

In the specific case of Herbert Gilbert, Volkswagen was ordered to pay approximately €25,600 (US$27,887) and accept the return of his 2014 Volkswagen Sharan minivan. This payout is nearly €6,000 less than the original purchase price, reflecting the court's consideration of the vehicle's depreciation over the period of its use by Mr. Gilbert. This depreciation factor is expected to limit the overall financial exposure for Volkswagen across numerous similar cases.
Ruling Provides Legal Certainty for Consumers

Lawyer Claus Goldenstein, representing Herbert Gilbert, stated that the judgment offers "legal certainty for millions of consumers" and reinforces the principle that even large corporations are subject to the law. This landmark decision is considered a significant precedent for all German diesel car owners affected by the emissions scandal, potentially influencing the resolution of thousands of outstanding individual claims.
Volkswagen Aims for Agreement on Outstanding Cases

Volkswagen has indicated its intention to resolve these remaining cases through agreements with plaintiffs, promising to make "appropriate offers." The company is also considering one-off payments for owners who wish to retain their vehicles, although eligibility criteria, particularly for those who purchased cars after the scandal's exposure in September 2015, are still being clarified.

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What is the key legal precedent set for VW diesel car owners in Germany?

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