Dieselgate, Germany’s highest civil court upholds right of consumers who have been cheated to receive compensation

In a ruling handed down on Monday 25 May, the German Federal Court (BGH) in Karlsruhe ruled that a consumer harmed by Volkswagen in the rigged diesel engines scandal is entitled to at least a partial refund taking into account the use of the vehicle.

In doing so, Germany’s highest civil court confirmed the preliminary opinion of the judges of the BGH.

The European Consumers’ Organisation (BEUC) calls the ruling “historic”. The organisation hopes that this landmark decision will have an impact on ongoing proceedings in Europe, including outside Germany, where an amicable agreement had been reached between VW and the German member of BEUC (see EUROPE 12436/23).

“The fact that Germany’s highest civil court rules in favour of the consumer is a clear and very much welcome signal. Volkswagen must finally put an end to its stalling tactics and compensate consumers for its deception. Today’s ruling ought to resonate across Europe. We call upon other courts to follow suit and make Volkswagen finally face the consequences of its actions”, commented BEUC’s Director General Monique Goyens.

BEUC’s member associations have launched legal actions for redress, for example in Austria, Belgium, France, Italy, Luxembourg, the Netherlands, Portugal, Slovenia, Spain and Switzerland. (Original version in French by Aminata Niang)