Environmental bonus (scrapping bonus)
October 13, 2009 | 25,00 EUR | answered by Steffan Schwerin
Dear Sir or Madam,
In January 2009, we purchased a new car. Our old car (14 years old) was scrapped by the car dealership. A corresponding application for the environmental bonus was submitted and rejected. The rejection was based on section 2.2 of the guidelines, which stipulates that there must be a personal identity between the holder of the old vehicle and the person to whom the new vehicle is registered. The old vehicle was registered to my husband, Georg Serfling, and the new vehicle is registered in my name. This was done for financial reasons. My husband has a part-time job (on a 400.01 euro basis) and I am a retiree. The financing for the new car was only guaranteed by the bank in my name. My husband was rejected due to his low income. In the loan agreement, I (the holder) am listed as the first borrower and my husband as the second borrower. Only a lawsuit can be filed against the objection. My question is: What are the chances of success in this case, are there any similar cases already?
Sincerely,
Roswitha Serfling
Dear Questioner,
I will answer the questions you have asked, taking into account the situation described and your efforts, as follows:
Unfortunately, I have to inform you that the chances of success are very low.
The German government's guideline for the environmental bonus was clear. The bonus was only granted if the owner of an old vehicle scrapped it when purchasing a new vehicle and registering it under their name.
The environmental bonus (commonly known as the scrappage bonus) was a state bonus granted in Germany under certain conditions when an old motor vehicle was scrapped and a new or year-old car was registered. The bonus was introduced in 2009 as part of the Economic Stimulus Package II.
The bonus was paid out upon application to the Federal Office of Economics and Export Control (BAFA). Requirements were:
- The available financial framework of 5 billion euros has not yet been exhausted.
- The applicant is a private individual.
- A car was first registered at least nine years ago and scrapped between January 14, 2009, and June 30, 2010, in accordance with the Old Vehicle Ordinance.
- The applicant was the owner of the car for at least one year.
- The applicant purchases a new or year-old car between January 14 and December 31, 2009, and registers it by June 30, 2010.
- The new or year-old car meets at least the emission standard "Euro 4".
- A year-old car is defined as a car that has been "registered for a maximum of 14 months once to a vehicle manufacturer, its distribution organizations, its employees, a car dealer, a manufacturer-owned car bank, a car rental company, or a car leasing company".
There is a lack of the required personal identity, as the old vehicle was registered to you and the new vehicle was also registered to you.
Therefore, the requirements for the bonus approval were not met, and the application was (unfortunately) rightfully rejected.
If necessary, you should consider taking action against the dealer if they have inadequately informed or advised you here.
Taking action against the BAFA, however, does not promise any chance of success.
I'm sorry that I cannot provide you with a more positive answer here.
I would like to point out that this platform cannot replace a detailed and personal legal consultation. The sole aim is to provide an initial rough assessment of your legal problem based on the information you have provided by a lawyer. The legal advice I provide is based solely on the information you have provided. Adding or omitting relevant information in the context of your description may result in a completely different legal assessment.
I hope I have been able to give you an initial overview and that my explanations help you. You are welcome to contact me through the follow-up option on this platform.
Furthermore, I am of course available for mandating. I would credit you the full initial consultation fee.
A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and phone, executing a mandate is also possible.
Sincerely,
Steffan Schwerin
Lawyer
Law Office Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena
Tel: 03641 801257
Fax: 032121128582
Email: raschwerin@raschwerin.de
Website: www.raschwerin.de
