GermanyWhat are my rights in the diesel emissions scandal?
You may claim damages from the car manufacturer under § 826 BGB if they intentionally installed illegal defeat devices in your diesel vehicle — a practice courts have ruled violates public morals.
What the Law Says
German law provides a path to compensation for diesel car owners affected by the 'Dieselgate' scandal — not through standard warranty or contract law, but via tort liability for intentional, immoral harm.
Under § 826 of the German Civil Code (BGB), anyone who intentionally causes damage to another person in a way that violates public morals ('gegen die guten Sitten') is liable for full compensation.
This provision applies even outside contractual relationships — meaning you don’t need to have bought directly from the manufacturer or still be within warranty. It targets deliberate, unethical conduct — such as designing and installing software 'defeat devices' to cheat emissions tests while knowing real-world pollution would far exceed legal limits.
The law does not set a time limit for filing such claims on its own, but general limitation rules apply: most tort claims expire 3 years after the claimant knew (or should have known) about the damage and the liable party — often starting from media revelations around September 2015.
Statutory TextWer in einer gegen die guten Sitten verstoßenden Weise einem anderen vorsätzlich Schaden zufügt, ist dem anderen zum Ersatz des Schadens verpflichtet.
— BGB § 826 — German Civil Code
What Courts Have Said
Germany’s highest civil court has confirmed that manufacturers’ actions in the diesel scandal meet the high bar of § 826 BGB — intentional conduct violating public morals.
The court held that installing illegal defeat devices to manipulate emissions test results constitutes intentional, immoral conduct under § 826 BGB — entitling affected vehicle owners to damages, regardless of whether the car was purchased new or used.
What to Do
Gather proof of vehicle ownership (registration, purchase contract) and model type (e.g., VW Passat 2.0 TDI EA189).
Check if your vehicle is on the official list of affected models (published by KBA or manufacturer recall notices).
Consult a lawyer specializing in Dieselgate claims — many work on contingency or offer free initial assessments.
File your claim before the statutory limitation period expires (typically 3 years from knowledge of harm and liable party).
Sources
Related Questions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.