Even the start of a model declaratory action against an auto company in the diesel scandal prevents the claims of those affected from becoming time-barred. The Federal Court of Justice (BGH) in Karlsruhe made this clear on Thursday. In the Volkswagen emissions scandal, for example, it was enough for individual diesel buyers to register for prosecution in 2019. The only deciding factor was that the consumer advice centers had launched their model lawsuit before the deadline expired. statute of limitations at the end of 2018. The BGH has also decided that you can also join a model trial from time to time in order to save more time to prepare for your own trial. It is not an abuse of rights. (Az. VI ZR 1118/20)
The manipulation of exhaust technology in millions of Volkswagen diesel vehicles came to light in September 2015 after U.S. environmental officials noticed anomalies and examined the cars. Claims for damages expire in Germany after three years. Lawsuits should have been filed by the end of 2018 at the latest – if it was already clear in 2015 that the company’s own diesel was affected. The specific case at issue must therefore be retried before the Higher Regional Court of Naumburg. Judges did not find the complainant aware of the scandal in 2015.
© SZ of 07/30/2021 / SZ, dpa