Germany’s top court says VW must pay damages to customers

(EurActiv, 25 May 2020) Germany’s highest court ruled on Monday (25 May) that Volkswagen must pay damages to plaintiffs in the diesel emissions scandal, who can now demand a refund of the purchase price. EURACTIV Germany reports.

Four and a half years after Dieselgate first erupted, the German Constitutional Court (BGH) issued its landmark decision, confirming a previous ruling by the Higher Regional Court (OLG) of Koblenz, which had awarded damages to vehicle owner Herbert Gilbert.

VW’s behaviour “qualified as immoral” given that “someone had been deliberately harmed”, presiding judge Stephan Seiters said earlier today.

The so-called ‘defeat devices’ – software that senses when a car is being tested for emissions and reduces them accordingly – were installed in various vehicle models on the basis of an “entrepreneurial, strategic decision”, the presiding judge added.

VW’s goal had been to “increase its own profit” and the signing of a sales contract had thus caused damage to the customer.

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EurActiv, 25 May 2020: Germany’s top court says VW must pay damages to customers