Damages resulting from manipulated software in diesel cars

The damage in case of purchasing a car with manipulated software results either from the fact that the deceived party has concluded an unfavourable contract as a result of fraud or in therein that the buyer has not entered into another advantageous contract. If it turns out that the buyer would have purchased the car under the same conditions, even if he had known about the software, he is not entitled to any compensation. [OGH 18.07.2018, 5 Ob 62/18f]