Search
Contact
19.12.2024 | Press releases

KPMG Law defends Federal Motor Transport Authority against claim for damages in connection with the emissions scandal

The state is not liable to vehicle purchasers for damages. KPMG Law has defended the Federal Motor Transport Authority (KBA) against a civil plaintiff’s state liability claim in connection with the so-called emissions scandal before the Higher Regional Court of Schleswig (Case No. 11 U 61/24). KPMG Law had already successfully represented the Federal Motor Transport Authority in the first instance (Flensburg Regional Court, judgment of August 23, 2024, case no. 2 O 37/24). The plaintiff had made a claim against the Federal Republic of Germany, represented by the KBA as the type approval authority for motor vehicles. He accused the authority of not having adequately monitored the vehicle manufacturers and of having issued the type approval for his vehicle incorrectly. He based his claim on an alleged breach of the KBA’s supervisory duties in connection with the emissions scandal. In addition, the plaintiff complained about the KBA’s failure to take action against the thermal window used by the manufacturer of his vehicle. Last year, the ECJ (Case C-100/21) and subsequently also the BGH (VIa ZR 335/21) ruled that claims for damages by vehicle buyers against manufacturers are not excluded per se if a thermal window is used. From this, the plaintiff drew the conclusion that claims for damages against the state must also exist. The Flensburg Regional Court and, at second instance, the Schleswig Higher Regional Court have clearly denied this.

 

No protective obligations of the Federal Motor Transport Authority towards vehicle purchasers on the basis of type approval law

Neither court saw any basis for a claim under state liability law. The plaintiff’s interest in preventing the conclusion of an unwanted contract was not covered by the protective purpose of type approval law. The alleged risk of decommissioning or prohibition of operation of the vehicle cited by the plaintiff was also clearly remote, especially since both the purchase of the vehicle by the plaintiff and the discovery of software manipulations by some vehicle manufacturers were more than eight years ago. The most recent case law of the ECJ and BGH referred to by the plaintiff does not change this. The 11th Senate at the Higher Regional Court of Schleswig informed the plaintiff that it unanimously assumed that the appeal was obviously unsuccessful. The plaintiff then withdrew his appeal.

 

Advisor:inside KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law):

Dr. Simon Meyer (partner, lead, Munich), Dr. Florian Gonsior (co-lead, senior manager, Düsseldorf), Vera Boes, Dr. Sandro Köpper (both senior associates, Hanover)

 

Explore #more

29.10.2025 | KPMG Law Insights

Fund Risk Limitation Act and Location Promotion Act create new scope for infrastructure funds

As the federal government’s special infrastructure fund of 500 billion euros will probably not be enough to finance Germany’s roads, networks and the energy transition,…

29.10.2025 | Deal Notifications

KPMG Law advises management board of Nürnberger Beteiligungs-AG on sale to Vienna Insurance Group

KPMG Law Rechtsanwaltsgesellschaft (KPMG Law) provided legal advice to the Management Board of Nürnberger Beteiligungs-AG throughout the entire public takeover process by Vienna Insurance Group…

29.10.2025 | KPMG Law Insights

BAG on pair comparison: How employers should deal with salary differences

The Federal Labor Court (BAG) has issued another landmark decision on equal pay. In its ruling of October 23, 2025 (Ref. 8 AZR 300/24),…

23.10.2025 | KPMG Law Insights

What the Federal Network Agency’s FAQs mean for storage system operators

On October 17, 2025, the Federal Network Agency published FAQs on the regulatory treatment of stationary battery storage systems (“BESS”). The FAQs are a guide…

23.10.2025 | KPMG Law Insights

What the “construction turbo” means for municipalities and building supervisory authorities

The Bundestag has passed the “construction turbo” and local authorities can now significantly accelerate certain construction projects. According to the law passed on October 9,…

22.10.2025 | In the media

KPMG Law guest article in Das Investment: Private debt for the masses: How the FRBG is turning the fund market upside down

Paradigm shift in the fund market: The new FRBG makes private debt retail-capable and creates citizen participation funds. In this article, KPMG Law expert Ulrich

20.10.2025 | KPMG Law Insights

Data centers: Requirements for emergency power generators continue to rise

When the power fails in data centers, the consequences are often severe: Data loss and system failures can cause considerable financial damage to companies. Emergency…

16.10.2025 | In the media

KPMG Law contribution to the anthology “Crypto-Asset Compliance”

KPMG Law experts Ulrich Keunecke and Marc Pussar have contributed chapter 3 on capital market and banking supervisory law aspects of crypto-assets to the anthology…

14.10.2025 | Deal Notifications

KPMG Law and KPMG advise Bühler Motor GmbH on the sale of Bühler Motor Aviation GmbH to Astronics Germany GmbH

KPMG Law Rechtsanwaltsgesellschaft (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) have advised Bühler Motor GmbH on the sale of all shares in Bühler Motor Aviation…

10.10.2025 | In the media

KPMG Law guest article in NZG: Compliance due diligence in SMEs: Minimum scope and contractual mapping of compliance risks of the target company

In the context of M&A transactions, compliance usually still plays a subordinate role in legal due diligence. The purpose of this article is, on…

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll