Damages in the diesel scandal:
Default judgment against Fiat-Chrysler
A default judgment (Case No. 19 O 737/21) was issued against the car manufacturer Fiat-Chrysler (now Stellantis), which is now also affected by the diesel scandal, at the Nuremberg-Fürth Regional Court on July 9, 2021.
The plaintiff had purchased a motor home with the base vehicle Fiat Ducato, which was equipped with a 2.3-liter Multijet diesel engine of Euronorm 6b affected by illegal defeat devices. According to the plaintiff's submissions, the Regional Court considered the requirements for the claimed damages to be met and convicted Fiat-Chrysler and Stellantis, respectively, of intentional and immoral damage. As the company did not appear in court, a default judgment was issued in accordance with section 331 of the German Code of Civil Procedure (ZPO).
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Shahroch Taleqani
Beware of the statute of limitations for claims for damages
The issue of the statute of limitations for claims for damages also continues to occupy the courts in the diesel scandal. In principle, according to Section 199 of the German Civil Code, the regular limitation period of three years begins at the end of the year in which the plaintiff becomes aware (or should have become aware) of the circumstances giving rise to the claim. In the context of claims against Fiat, it should be borne in mind that manipulation at Fiat was first reported as early as 2018. Under certain circumstances, claims for damages could therefore become time-barred as early as the end of 2021.
We therefore advise those affected to claim their rights as soon as possible and to contact our experts.
