Dieselfälle und sogenannter Abgasskandal: Ansprüche der Käufer gegen den Hersteller nach österreichischem Recht (Diesel cases and the so-called emissions scandal: Purchasers' claims against the manufacturer under Austrian law)

Abstract

English Abstract: The judicial processing of the so-called diesel cases has progressed, but the decisions of the Supreme Court are still pending for numerous important questions regarding Austrian law. In this respect, it has not yet been conclusively clarified how the claims of affected buyers will be decided in Austria. The following three opinions were prepared on behalf of the Regional Court of Braunschweig for ongoing proceedings under Austrian law and are as of February 2022. They are published with the kind consent of the court. In terms of content, the three expert opinions each concern different proceedings; however, they overlap considerably in terms of content in some cases. However, due to the questions specified by the court, the opinions have been left in the form prepared for the court. In terms of content, the main focus is on the complex of questions concerning the direct claims of buyers of a motor vehicle against the manufacturer. On the one hand, the conceivable claims and bases for claims for those buyers whose contract was concluded before the diesel issue became publicly known are dealt with, on the other hand, those cases in which the purchase contract was only concluded after the diesel issue became publicly known. Also taken into account are the relevant civil law issues of software updates in the buyer/manufacturer relationship. In addition, questions concerning the statute of limitations (as well as the connection of some of the Austrian plaintiffs to the German model declaratory action) are discussed.

Note: Downloadable document is in German.

Keywords: damages, tort claims, statute of limitations, rescission, compensation for use, action for a declaratory judgement, immoral damage, fraudulent misrepresentation, violation of protective law