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

  • FIA: EU data protection rules mean drivers control who accesses their car data
    June 28, 2017
    FIA Region I has just released a legal study exploring how the upcoming General Data Protection Regulation (GDPR) will apply to connected car data.
  • Security loopholes found in BMW’s connected drive
    January 30, 2015
    On 30 January, security loopholes in BMW vehicles equipped with connected drive technologies were revealed. Believed to affect 2.2 million BMW vehicles worldwide, these flaws in the software allow thieves to unlock doors and track car data through a mobile phone without leaving a trace. The Federation Internationale de l'Automobile (FIA) has long advocated for secure, open networks for vehicle connectivity. Vehicle manufacturers have argued that only closed networks can be truly secure. In fact, the loop
  • Regulation time-lag will hit driverless technology hard says leading consultancy BDO
    August 8, 2018
    The legislation surrounding driverless cars is lagging so far behind the technology involved that the industry is unlikely to see a regulatory framework in place any time soon says leading international business, finance and taxation consultancy BDO. And IEEE, "the world’s largest technical professional organisation dedicated to advancing technology for the benefit of humanity" can only see problems ahead as the politicians fall further and further behind. BDO has been looking at a report from www.Spectr
  • The twisting path to enforcement’s future
    June 5, 2014
    Survey reveals some division of views about enforcement’s future as Colin Sowman discovers. Technological advances and legislative changes pose many questions for those involved in road enforcement, ranging from the changing demands of privacy and data protection legislation to the practicalities on multi-speed enforcement. So to get the industry’s views ITS International took soundings on some of these bigger questions. In a world where many vehicles are fitted with GPS linked ‘black box’ telematics system