Skip to main content

VW faces first legal test case over emissions in Germany

German consumer rights champion myRight filed the first legal test case against Volkswagen (VW) in Germany on Tuesday, raising pressure on the carmaker to compensate customers in Europe over the emissions scandal, according to Reuters. VW has pledged billions to compensate US owners of its diesel-powered cars, but has so far rejected any compensation for the 8.5 million affected vehicles in Europe where different legal rules weaken the chances of affected customers winning a pay-out. Instead, VW is in
January 6, 2017 Read time: 2 mins
German consumer rights champion myRight filed the first legal test case against 994 Volkswagen (VW) in Germany on Tuesday, raising pressure on the carmaker to compensate customers in Europe over the emissions scandal, according to Reuters.

VW has pledged billions to compensate US owners of its diesel-powered cars, but has so far rejected any compensation for the 8.5 million affected vehicles in Europe where different legal rules weaken the chances of affected customers winning a pay-out.

Instead, VW is in the process of removing the illicit software that cheated emissions tests and insists the technical fixes will inflict no loss of value on car owners in Europe. It hopes to have completed repairs to all affected vehicles by the end of the year.

MyRight, which has gathered more than 100,000 VW owners through its web site, has accused VW of breaching European Union law by selling cars with software that was banned under EU rules, according to the 93-page legal document seen by Reuters.

Rather than seeking compensation for a decline in value, the lawsuit aims to force VW to repurchase the vehicles at the original price, myRight founder Jan-Eike Andresen said.

MyRight has retainede US law firm Hausfeld to pursue the claims. Hausfeld represents aggrieved VW owners and shareholders on both sides of the Atlantic.

The purpose of the proceedings by myRight is to act as a model - resolving generic or common issues for other related cases. However, unlike in a US class action, it does not have the legal effect of resolving all individual claims.

Volkswagen has said the software fitted into the engine at the centre of the scandal, codenamed EA 189 does not violate European law and declined comment on the myRight suit. "We have taken note that myRight has announced the submission of diesel lawsuits for 3 January. The lawsuits have not yet been made available to us, which is why we cannot comment on the contents at the moment," the carmaker said.

For more information on companies in this article

Related Content

  • Europe’s road safety gains have stagnated EU
    March 17, 2017
    Europe will fail to meet its road death targets as enforcement budgets are slashed and drivers face an epidemic of distractions. The European Union will not achieve its aim of halving the number of people killed on its roads each year by 2020, delegates to Tispol’s (the organisation of European traffic police) annual conference in Manchester were told. “The target will be missed because there was only a 17% decrease in road fatalities across Europe between 2010 and 2015 when [the rate of reduction] should h
  • On a WIM – a global view of weigh in motion
    May 25, 2016
    Q-Free’s Andrew Lees looks at regional characteristics and technology trends in the global Weigh-In-Motion market. The principles of Weigh-In-Motion (WIM) are well established. Data derived from vehicles passing over in-ground sensors can be interpreted for vehicle classification (axle counts and spacing) and positive identification (especially when linked to image capture) applications as well as to derive individual axle and gross vehicle weight (GVW).
  • Weigh in motion reduces road wear, increases toll revenue
    January 24, 2012
    IRD, Inc's Terry Bergan discusses future applications of weigh in motion technology. The application in recent years of Weigh In Motion (WIM) at tollgates has been driven by recognition of the fact that there is economic value, which can be levied, attached to Heavy Goods Vehicles (HGVs) which haul laden (and are therefore heavy) rather than empty. As wear and damage to road surfaces increases exponentially with weight, the targeting of HGVs in particular makes sense from both the economic and maintenance p
  • ITS America concerned over use of 5GHz spectrum band
    February 28, 2013
    ITS America has raised con­cerns with the US Federal Communications Commission (FCC) over the potential use of the 5GHz band spec­trum by unlicensed national information infrastructure devices. It wants to protect the 5.9GHz band for dedicated short-range communications (DSRC)-based systems. These crucially underpin the development of connected vehicle (CV) technologies which could help slash the US’ annual tally of six million road traffic accidents and over 30,000 deaths. Within the US Department of Trans