Posts tagged #diesel scandal
All PostsFirst OGH Merits Decision on Diesel Scandal
Civil LawIn the proceedings at issue, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the claim of a car buyer against the car seller concerning the exhaust-emission control device installed in the diesel motor vehicle. The signifi...
DE: Federal Court of Justice on VW Emissions Scandal Limitations
Civil LawDiesel plaintiffs can only hope to receive money in a time-barred claim for damages if their vehicle is a new VW. In the case of other makes with VW engines, there is no claim for so-called compensation for any residual damages, according to the Germ...
DE: Government liability denied in diesel scandal
European LawThe Federal Republic of Germany is not liable in the context of the "diesel scandal" for any defective application and implementation of EU law. In the present case, the plaintiff claims official liability against the defendant Federal Republic of Ge...
DE: Diesel scandal - mandatory top-up for better replacement model
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) once again had to address a buyer's claim for supplementary performance with regard to a defective new vehicle due to an inadmissible deactivation device. In response to the decision as to whe...
DE: VW diesel scandal: Withdrawal only with prior setting of a time limit
The German Federal Supreme Court (Bundesgerichtshof, BGH) had to decide whether buyers of a vehicle affected by the diesel scandal can withdraw from the purchase contract even if they have not previously given the seller an opportunity to remedy the ...
DE: VW diesel scandal - assessment of the benefit of use with leasing
In September 2021, the German Federal Supreme Court (Bundesgerichtshof, BGH) ruled that no claim for reimbursement of the leasing instalments can be made for a leased vehicle affected by the VW emissions scandal. This is because the benefit of a leas...
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