For financed motorhomes based on Fiat Ducato can also be claimed damages

In the underlying proceedings, a claim for damages was filed in connection with the emissions scandal in respect of an Audi car. The vehicle was financed with a loan and all installments were paid in full. The loan agreement contained a so-called securitized right of return, i.e. the plaintiff could return his vehicle to the seller at a predetermined price when the final installment was due. However, he did not do so.

The Higher Regional Court of Celle considered it contradictory that the financing installments were paid until the end and that the allegedly manipulated vehicle was kept voluntarily, so to speak, even though the option to return it existed.

However, according to the current decision of the BGH in the matter, it is completely irrelevant whether one pays the loan costs in full and does not make use of a securitized right of return, as this does not change the occurrence of the damage. According to case law, no one would conclude a purchase contract with knowledge of an impermissible defeat device on the basis of the risks resulting from it in the abstract. As the BGH already stipulated in an earlier decision(ruling of May 25, 2020 - VI ZR 252/19), damage therefore already occurs when the purchase agreement for a vehicle with an illegal defeat device is concluded. However, according to the BGH, a vehicle purchaser does not confirm that he or she agrees to the damaging purchase agreement if he or she terminates the financing by paying the final installment.

In short, even if you do not make use of a securitized right of return, you can claim damages.

This fundamental decision points the way forward for all vehicles affected by the emissions scandal - including Fiat Ducato motorhomes!

Fiat Ducato motorhome owners affected by the diesel scandal can only be advised - even if claims already appear to be time-barred - to contact experts who will carefully examine all legal options.