in charge of the construction law Seventh Senate of the Federal Court has its jurisdiction over the eligibility the sales tax on notional damages calculation - that is, when the defect eliminating do not actually - change (BGH VII ZR 176/09, Judgement of 22/07/2010) Although the Seventh Senate confirmed that the provision of. § 249 para 2 sentence 2 BGB to report on the sales tax is only as it occurs in fact, not directly applicable to the work of contract law as it applies to text and systematic status only in cases in to provide that compensation for damage to a thing. This is a contractual claim for damages for their failure to produce a work just not the case. But the Supreme Court is now on the reasoning of the legislature that led to the provision in § 249 para 2 sentence 2 BGB and sees it as an over-compensation if the customer in addition to the necessary remedial costs still would receive the sales tax, although the deficiencies are not corrected. The sales tax was only a transit item, not get the benefit of the remedial measures involved in its formation and depends on tax regulations. The customer is in his interests are not affected since the VAT is recoverable, if he had to actually pay, not getting reimbursed by the deduction. Nor can the customer when he initially did not intend to remedy the defect, in the event of an imminent statute of limitations of the claim for compensation, a determination to bring an action against the employer if he will retain the possibility, later still carry out the remedial measures.
The law, which in my post of 17 May 2010 is shown, after this decision of the Supreme Court no longer be maintained. (Copyright ago)
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