Should I take over a company car from my employer?

Questioner

For my work, I have been provided with a company car for my position. My employer has drawn up a 'Company Car Scheme 2019', for which I had to sign (that I agree with the company car scheme). At the end of 2019, my employer ordered a new car for me, which I have been using to date. However, I have been offered a new job with another employer. And I want to quit my current job. The following is included in the company car scheme: 'Upon termination of the employment contract, the employee owes the employer the own contribution for the remaining contract period as a lump sum compensation. This will be withheld as a net amount from the last salary payment. Early termination is understood to mean termination before the maximum mileage or the maximum term of sixty (60) months has been reached. The earlier expiry of the employment contract by operation of law is not considered to be early termination. If an employee terminates the employment contract themselves, they will take over the company car at the market value applicable at that time. This will be done in consultation with, and at the discretion of, the Management.' In addition, I already paid a personal contribution of €5,100.00 for the company car at the beginning (in one go / through a bonus).

Lawyer

You have apparently agreed that the company car must be taken over upon termination. However, the question is how this provision should be interpreted if, for example, the company car is the property of a leasing company. In that case in particular, it is debatable whether the provision is legally valid. I can imagine that a conflict may also arise about the level of the market value. With regard to the above, I would like to note that I have not seen the entire agreement. Have you already consulted with the employer and what is his position? I assume that you want to be open about the new job.