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.

Related Content

  • February 1, 2012
    Legalities of in-vehicle systems and cooperative infrastructures
    Paul Laurenza of Dykema Gossett PLLC discusses the paths which lawmakers may go down on the route to making in-vehicle systems and cooperative infrastructures a reality. The question of whether or not to mandate in-vehicle systems for safety and other applications is a vexed one. There is a presumption on some parts that going down the road of forcing systems' fitment is somehow too domineering or restricting. Others would argue that it is the only realistic way of ensuring that systems achieve widespread d
  • September 11, 2015
    Court rules former Uber driver was an employee
    Ride-hailing company Uber has lost another legal round in the dispute over whether its drivers are independent contractors or employees, an issue that threatens the core of the ride-hailing company's business model, says Reuters. The California Employment Development Department (EDD) recently determined that a former Uber driver in Southern California was an employee, not an independent contractor as the company has claimed and as such was entitled to employee benefits. The decision was upheld twice on a
  • June 3, 2021
    Half of Brits want e-scooter restrictions
    Survey respondents in UK say licences and age restrictions are vital for safety
  • February 4, 2016
    FIA calls for swift implementation of real driving emissions
    Now that the European Parliament voted to approve legislation to measure real driving emissions (RDE), FIA Region 1 has called for swift implementation and strengthened targets to restore consumer and decision-maker trust. RDE seeks to complement laboratory tests and check whether announced NOx emissions levels are confirmed in real driving conditions. However, the package includes a conformity factor of 2.1 whereby on-road vehicles would be allowed to emit more than twice the official limit from 2017 to