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Austria Now News – Vienna
Good news for car buyers affected by Volkswagen’s diesel emissions manipulation scandal: Austria’s Supreme Court, the Oberster Gerichtshof, has clarified that damages claims only become time-barred after 30 years. Those who have since sold their car can also claim compensation under certain conditions.
Vehicles concerned
Ruling 6 Ob 86/26d concerns vehicles fitted with the EA189 diesel engine, which was installed between 2008 and 2015 in cars of brands including VW, Audi, Seat and Skoda. According to the court, the 30-year limitation period begins at the earliest with the ruling of the European Court of Justice in July 2022.
In autumn 2015, Volkswagen admitted to manipulating emissions tests using special software, causing buyers financial damage for which many of them sued for compensation.
What this means for those affected
The ruling is particularly significant for those who have sold their cars, as they can claim compensation for the original financial loss. According to lawyer Michael Poduschka, whose firm represents a large number of VW buyers, Austrian courts usually award damages of between 5 and 15 percent of the original purchase price where the conditions are met, with first owners benefiting in particular.
As a general rule, damages claims in Austria become time-barred three years after the injured party learns of the damage and who caused it. However, the period is 30 years if the damage resulted from certain intentional criminal offences punishable by more than one year in prison, without the need for a criminal conviction. Those affected can seek advice from a lawyer or consumer protection organisations before filing any lawsuit.
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Photo: Hubertl / Wikimedia Commons – CC BY-SA 4.0
Sources
- help.ORF.at – VW-Abgasskandal: 30 Jahre Zeit für Schadenersatz – 28.10.2026 – https://help.orf.at/stories/3237917/
