{"id":55807,"date":"2018-08-09T20:25:06","date_gmt":"2018-08-09T18:25:06","guid":{"rendered":"https:\/\/www.nzp.de\/?p=55807"},"modified":"2026-08-13T20:30:45","modified_gmt":"2026-08-13T18:30:45","slug":"what-rights-may-buyers-have-against-manufacturers-and-dealers-in-connection-with-the-emissions-scandal","status":"publish","type":"post","link":"https:\/\/www.nzp.de\/en\/what-rights-may-buyers-have-against-manufacturers-and-dealers-in-connection-with-the-emissions-scandal\/","title":{"rendered":"What rights may buyers have against manufacturers and dealers in connection with the \u201cemissions scandal\u201d?"},"content":{"rendered":"

In the United States, the corporate groups involved in the manipulation have already paid compensation to customers affected by the diesel scandal. In Europe, by contrast, purchasers who drive a manipulated diesel vehicle only rarely assert claims against the manufacturer or dealer.
\nHowever, claims may be brought on several legal grounds. Do you also drive a manipulated diesel vehicle? If so, there may be good prospects of asserting damages claims against the dealer and\/or the manufacturer.<\/p>\n

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  1. Claims against the vehicle dealer<\/strong><\/li>\n<\/ol>\n

    A vehicle fitted with manipulated emissions software may give rise to warranty claims for defects. Under section 439 of the German Civil Code (BGB), the buyer may require subsequent performance in the form of a software update.<\/p>\n

    If subsequent performance cannot reasonably be expected of you in the specific circumstances \u2014 for example because the relationship of trust with the dealer has irreversibly broken down \u2014 you may also have a right of withdrawal under section 323 BGB. In that case, the parties are restored to their original position: you receive your money back in exchange for the manipulated vehicle. The kilometres driven in the meantime may merely give rise to an adjustment or settlement between the parties.<\/p>\n

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    1. Claims against the vehicle manufacturer<\/strong><\/li>\n<\/ol>\n

      However, it was not the dealers who installed the manipulated software, but the manufacturers.<\/p>\n

      For this reason, the Regional Court of Dortmund held in its judgment that installing such software amounted to fraudulent conduct contrary to public policy. On that basis, damages may be claimed from the vehicle manufacturer under section 826 BGB if that fraud led to the conclusion of the contract. The owner of a manipulated vehicle is also exposed to various uncertainties, not least because the resale value will be lower than it would have been without the manipulation. It may also be the case that a buyer chose a particular vehicle precisely for environmental reasons, believing that it would not emit such a high level of pollutants.<\/p>\n

      Accordingly, if you can sufficiently demonstrate that, had you known of the subsequent developments, you would not have purchased such a vehicle, you may have a claim for damages against the vehicle manufacturer.<\/p>\n

      Do you have any questions? Please contact us.<\/p>\n","protected":false},"excerpt":{"rendered":"

      In the United States, the corporate groups involved in the manipulation have already paid compensation to customers affected by the diesel scandal. In Europe, by contrast, purchasers who drive a manipulated diesel vehicle only rarely assert claims against the manufacturer or dealer. However, claims may be brought on several legal grounds. Do you also drive […]<\/p>\n","protected":false},"author":29,"featured_media":55810,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[139],"tags":[],"class_list":["post-55807","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-en"],"acf":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t