it had been a fight, After years on the new consumer lawsuit, let’s go now. On Friday, the higher regional court for a lawsuit in Stuttgart, the first German court to make a pattern statement. “In the first hearing, anything can happen,” says Timo Gansel. The Berlin-based lawyer representing the protection of community Bank customers, which is going on in the sample process against the Mercedes-Benz Bank. “It is for the plaintiff, defendant and the court a completely new type of action in Germany.”
Individual damages to be running extra
The pattern for a declaratory judgment, it is only since November. It aims to help consumers to get easier your right. In cases where there are a large number of Victims, should a consumer organization by the pattern process, the fundamental legal questions that concerned citizens can participate in the lawsuit. To do this, you need to be in a suit in the register of the Federal office of justice. The registration is free of charge. The advantage: anyone Who is involved in this way, the pattern declaratory action, may invoke the principle of judgment in the pattern process. His individual damages, you have to make but in a second step, yourself claim and, if necessary, sue for.
In the Union, there had been great opposition to this new type of action, but the diesel affair, finally brought the breakthrough. By the end of 2018, many of the claims for damages against Volkswagen threatened to expire, the pattern declaratory relief should prevent this. Federal Minister of justice Katarina Barley (SPD) had made the pace to VW customers with a rigged Diesel on the road, to strengthen the back. Consumer advocates were prepared.
The first: Klaus Mueller, head of the Federal Association of consumer organisations (VZBV), the left and ADAC-Chef August Markl (2.v.l.) …photo: imago/photothek
The first lawsuit against VW
1. November, the Federation of German consumer organisations (VZBV) and the ADAC submitted the first pattern must be the subject of a lawsuit in Germany. It was directed against Volkswagen and seeks to clarify what rights the VW customers in the diesel-gate affair. The procedure is encountering huge interest. Nearly 400,000 registrations for the complaint register has registered the Federal office of justice in the proceedings against VW, but logins are still possible. The Register is closed only if the court has its first day of the trial. Responsible for the pattern declaratory of the VZBV against VW, the higher regional court of Braunschweig. A date for the opening of the procedure, there is not here yet.
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Affected person can still have up to Thursday
to report The procedure in Stuttgart is smaller, but the judges are faster. Well 630 applications, the action tab contains the process against the Mercedes-Benz Bank. Behind them people who have financed your car, whether new or used, gasoline or Diesel by credit. In the opinion of the protection of community Bank customers, the customers do not are properly on your way to have been informed, to withdraw from the credit contract. Consequence: cancellation of the contracts would be possible. This is interesting mainly for consumers who have bought a rigged Diesel. They hope to be able to on the revocation of the contract your car to the dealer – whether you need to pay for the use of the car or not, is also the subject of the process. Affected loan contracts from 13. June 2014, have been concluded. Affected can participate in the process. “Until Thursday, you can still enter,” said the firm Gansel. How long the process will take is unclear. The Stuttgart higher regional court has indicated, to may want to the European court of justice on. With the opening of the proceedings on Friday, the Swabians, however, are definitely the first.
Second pattern proceedings against the Volkswagen-Bank for the time being
failed If the protection community Bank can cause customers yet another pattern of the method, is still written in the stars. Actually, the Association had to sue the Volkswagen Bank due to the cancellation of the loan agreements. Unlike the higher regional court of Stuttgart for the action against the VW-Bank, the competent higher regional court of Braunschweig had rejected the opening of the suit register in this case. According to the law, the Association must demonstrate that he has at least 350 members. For reasons of data protection the protection the community had blackened but the names on the members list. The not have accepted the Braunschweiger judge. The protection community, however, insisted: “We have appealed to the Federal court of appeal”, reported firm spokesperson Kira Christiana Melzer. It is clear that In the legal new territory, much is still uncertain.
