Claim for damages in the context of the diesel emissions scandal – Judgment of the Düsseldorf Regional Court
On September 3, 2019, the Düsseldorf Regional Court issued a decision that is of particular relevance in the context of addressing the so-called diesel emissions scandal (LG Düsseldorf, Judgment of 03.09.2019, Case No. 7 O 166/18). Upon thorough examination, the court found that the requirements for a claim for damages by the vehicle purchaser against the manufacturer for intentional immoral injury pursuant to § 826 BGB were met. The judges thereby classified the conduct of the defendant automobile company as a breach of fundamental requirements of fair competition and the protection of legitimate expectations in legal transactions.
Background of the case
At the heart of the dispute was the delivery and purchase of a diesel vehicle equipped with an illegal defeat device. The plaintiff purchased the affected vehicle in 2015, trusting in compliance with the legally prescribed emission limits and without knowledge of the hidden function to manipulate emission values. Only after the manipulations became public did the plaintiff realize that the purchased vehicle only met the applicable nitrogen oxide limits under test conditions.
Legal assessment: intentional immoral injury
Requirements of § 826 BGB
In the view of the Düsseldorf Regional Court, the objective and subjective requirements of liability for intentional immoral injury were met:
- Objectively immoral conduct: The deliberate development and integration of software intended to falsify the results of emissions measurements on test benches was qualified as a violation of fundamental values of fair legal transactions. The purpose of this manipulation was to deceive both the approval authorities and end customers about the vehicle’s actual emissions.
- Intent: The court assumed that senior employees of the defendant company not only knew about the development and installation of this defeat device but also approved its use. From the court’s perspective, the necessary subjective elements—especially the knowledge of the deception and the approval of the injury—were fulfilled.
Causality of the damage occurrence
According to the Düsseldorf Regional Court, the manufacturer’s act of deception was the decisive cause for the plaintiff’s purchase of the vehicle. Had the buyer been aware of the illegal defeat device and its far-reaching consequences for the approval and use of the vehicle, the purchase would not have taken place.
Calculation and scope of damages
Accordingly, the plaintiff is entitled to rescind the purchase contract. However, the purchase price received by the plaintiff is subject to adjustments under the law of unjust enrichment (compensation for use in relation to kilometers driven). The exact calculation was made based on the mileage at the time of rescission and is always a case-by-case decision.
Significance for affected buyers and the automotive sector
The judgment of the Düsseldorf Regional Court is exemplary for a large number of comparable proceedings nationwide and underscores the civil law consequences that threaten in cases of organized deceits by manufacturers. In particular, the decision strengthens the legal position of those consumers who have purchased vehicles relying on compliance with public law regulations and manufacturers’ information. Moreover, the judgment provides legal clarifications on the attribution of injurious conduct within group structures and on the objective and subjective components of the element of immorality.
Comments on further developments
It should be noted that the legal review surrounding the diesel emissions scandal is still ongoing. Numerous proceedings at various levels of the judiciary are dealing with the requirements for claims, issues of limitation, and the scope of claims for damages. The limits of clarification remain the subject of judicial determination; a final assessment largely depends on the outcome of pending decisions by higher courts (e.g., Federal Court of Justice, European Court of Justice).
Source reference and notice on pending proceedings
The statements are based on the published decision of the Düsseldorf Regional Court (Judgment of 03.09.2019, Case No. 7 O 166/18) – available at www.urteile.news – as well as on an evaluation of relevant literature and case law on the topic “emissions manipulation and damages.” Since some proceedings are still pending in connection with the diesel emissions scandal, the presumption of innocence applies.
Your contact for complex legal issues
The legal challenges in the context of manipulations of emission values and their civil law consequences remain complex. Should you have further interest or unresolved questions regarding the assertion or defense of claims arising from such matters, the Rechtsanwalt at MTR Legal will be happy to assist you.
