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VW faces new wave of lawsuits

Even after more than six years, the emissions scandal is not yet over for the car manufacturer Volkswagen. The Federal Court of Justice in Karlsruhe has once again ruled in favour of injured motorists.

More than six years ago, VW brought an engine with illegal defeat technology onto the market. The scandalous EA189 engine produced fewer exhaust gases in tests than in practice. However, it was illegal to sell this engine. For all those who had so far failed to assert their claims against the VW group, there is now another possibility to be compensated for the damage caused. The condition is that the car was actually bought new and not as a used car or even leased. Instead of a claim that expires after three years, Germany's highest panel of judges has now ruled that buyers can also claim compensation later. It was decided that no one may take advantage of the fact that they have caused damage to another. Just as VW did.

However, how much money each individual will now be reimbursed depends on many factors. VW is of the opinion that only the manufacturing costs are taken into account in the reimbursement. But the BGH sees this differently as well, since VW had enriched itself maliciously and therefore has to pay for the full damages. It is true that diesel cars purchased between 2012 and 2015 can now also benefit from compensation. However, the kilometres already driven will also be deducted here, so that it may no longer be possible to claim damages. Since the so-called compensation for use that would have to be paid to VW is almost identical to the original purchase price.

Cars that were only purchased after the scandal became known are exempt from the damage regulation. However, those who have been bounced are not allowed to charge interest on the damages. It is still unclear whether cars of the brands Skoda and Audi, in which only the VW engine was installed, have the same legal claims.

What is fairly certain, however, is that VW will not pay for the damage caused by the unauthorised pollution of cities in the environmental zones by less clean engines.