In the exhaust gas scandal of Volkswagen continues to be the process of happiness before the German civil courts is currently on the side of the automotive group in Wolfsburg. On Friday, the regional court of Ingolstadt dismissed a complaint by the debt collection service provider financial right against, the VW subsidiary Audi. For the mass-lawsuit financial right claims of the original 3000 Audi had customers cede, and these claims with a value in dispute of € 77.5 million by a court at the company seat of the Audi will be filed.
editor in the economy.F. A. Z.
The 4. Civil chamber of the regional court came to the conclusion that each of the assignments of claims of the diesel driver are sent to the applicant null and void, because this power for debt collection service providers is not covered under the legal services act (RDG) and the disadvantaged car buyers. Against the judgment of the financial right can appeal to the higher regional court of Munich (Az.: 41 O 1745/18).
After the notification of the court had declared the civil judge, assignment to a provider of Legal services, in principle, possible. This was based on the Supreme court's requirements set out in Karlsruhe, the so-called "Lexfox"-decision of the Federal court in November 2019. In the case of the offer Wenigermiete.de the back calls on behalf of tenants for a high rent from the Federal judge, the range of provided legal services of debt Collection agencies is very generous. In the Legal Tech scene, it is regarded as a principle of judgment in favor of the business models of many of the collection service provider, the response including the financial right potential customers over the Internet, and their claims to assign let.
In the mass lawsuit against Audi but, the civil chamber, was each of the assignment agreements are null and void. As the Argument is a passage in the terms and conditions of financial right that diesel drivers of costs for the legal prosecution can arise if Audi and the applicant, call a possible comparison to resist. The service provider advertises, all of the legal costs to take on. This results in an "undue economic pressure" for buyers, as well as a conflict of interest in relation to the financial right, resulting in the judge and speak of an "unreasonable deprivation" of the diesel driver to conclude. Without an effective assignment of financial right could, however, make the claims of the buyer is not itself a claim, so that the lawsuit should be dismissed, according to a court spokesman.
In a few months, it is the second painful defeat for the collection service provider from Düsseldorf, Germany: the regional court of Munich I was in the action for damages in the so-called Truck-cartel of the opinion that it does not exceed the scope of the collection permit (F. A. Z. of 8. February). "We continue to firmly believe that the business model of the financial right is a violation of the RDG. Two chambers of the regional court of Braunschweig that view,“ said Wolf von Bernuth, the attorney for the Plaintiff, the F. A. Z. according to the decision. The judgment from Ingolstadt'm going to check now and then on the further steps to decide.Updated Date: 07 August 2020, 19:19