German Federal Court of Justice Does Not Grant Tortious Compensation to Lessees of Diesel Scandal Vehicles a Classification of the Judgments of April 21, 2022 - VII ZR 247/21, VII ZR 285/21 and VII ZR 783/21

Result code in IS VaVaI
<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F62156489%3A43110%2F23%3A43923803" target="_blank" >RIV/62156489:43110/23:43923803 - isvavai.cz</a>
Result on the web
<a href="https://refpress.org/wp-content/uploads/2023/07/Fabian-Keller_REF.pdf" target="_blank" >https://refpress.org/wp-content/uploads/2023/07/Fabian-Keller_REF.pdf</a>
DOI - Digital Object Identifier
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Result language
angličtina
Original language name
German Federal Court of Justice Does Not Grant Tortious Compensation to Lessees of Diesel Scandal Vehicles a Classification of the Judgments of April 21, 2022 - VII ZR 247/21, VII ZR 285/21 and VII ZR 783/21
Original language description
In April 2022, the German Federal Court of Justice (BGH) in Karlsruhe heard three cases brought by the car manufacturer VW concerning so-called diesel scandal cars, i.e. cars that use built-in electronic devices to detect whether the car is being operated on a test stand or on the road and, on the basis of this, electronically regulate or adjust the NOx emissions, thus using fraudulent methods to simulate lower emissions than are actually present. In essence, the new ruling is that anyone who leased a car from Volkswagen before the diesel scandal became known will not get their lease payments back. The judges of the VII Senate, which is responsible for dealing with the diesel scandal, argued that as long as leasing customers were able to use their cars throughout the duration of the lease without any major restrictions, they had received value for the installments they paid - the two offset each other. The BGH also makes its position clear with its tenor: no fundamental claim for damages in leasing cases.
Czech name
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Czech description
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Type
J<sub>SC</sub> - Article in a specialist periodical, which is included in the SCOPUS database
CEP classification
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OECD FORD branch
50501 - Law

Project
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Continuities
I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year
2023
Confidentiality
S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

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