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Processes: BGH: Leasing customers in the exhaust gas scandal are again left empty-handed

Processes: BGH: Leasing customers in the exhaust gas scandal are again left empty-handed

Another legal bankruptcy for leasing customers with a diesel affected by the emissions scandal. The BGH decided in favor of VW and confirmed its line from a first judgment.

Leasing customers with a diesel affected by the emissions scandal generally do not receive any compensation from VW for the installments made.

The Federal Court of Justice (BGH) in Karlsruhe decided three cases from North Rhine-Westphalia and Rhineland-Palatinate in favor of the car manufacturer and confirmed its line from a first judgment from 2021. After that, the following applies: As long as the car could be used consistently without major restrictions, the customer has to pay for the Guessing had an advantage – both are balanced, the judges affirm. (Az. VII ZR 247/21 and others)

When leasing, the customer does not buy the car, but pays monthly installments for its use over an agreed period of time – like renting. It is still unclear what applies if it has been firmly agreed in advance that the customer will take over the vehicle after the leasing period. Two of the plaintiffs had stated that they had intended from the outset to buy the car afterwards. One even had the chassis converted. Because the leasing agreements do not state anything about a later takeover, this was of no importance to the judges.

Compensation can therefore only be given for the purchase price paid later. In two cases, however, the prerequisites for this were not met because the plaintiffs had taken over the car after the diesel scandal became known in autumn 2015.

Source: Stern

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