Kläger fährt 69.400 km kostenfrei – Totalschaden für Mercedes vor Gericht

Dass der Widerruf des Autokredits regelmäßig finanzielle Vorteile bringt, dürfte mittlerweile bekannt sein. Die Rückzahlung seitens der Bank ist regelmäßig deutlich höher als der möglich Verkaufspreis den man auf dem Markt hätte erzielen können – insbesondere bei einem Diesel. Die Rechtsfolgen des Widerrufs sind klar: Der Verbraucher gibt sein Auto zurück und erhält die gezahlten Raten und die geleistete Anzahlung erstattet. Nach der bisherigen Rechtsprechung hatte der Verbraucher als Ausgleich für den Wertverlust eine Nutzungsentschädigung an die Bank zu leisten, deren Höhe sich anhand der gefahrenen Kilometer berechnet. Nun entschied die vierte Zivilkammer des Landgerichts Berlin im Urteil vom 29. Januar 2019 (Az.: 4 O 20/18) mit einem Paukenschlag ganz im Sinne des Verbrauchers. Der Kläger darf sein Fahrzeug zurückgeben ohne eine Nutzungsentschädigung an die Mercedes Benz Bank zahlen zu müssen. Was sich im ersten Moment unglaublich anhört, entspricht der seit Jahren von uns vertretenen Rechtsauffassung: Wurde der Mandant in einem Vertrag nach dem 12. Juni 2014 fehlerhaft über sein Widerrufsrecht belehrt, fährt er bei Widerruf kostenlos Auto!

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