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

  • November 28, 2013
    Major setback for California's high speed train
    The future of the California high speed rail project hangs in the balance as a result of two rulings handed down by Sacramento Superior Court Judge Michael Kenny on 25 November. "The judge's ruling will prevent the [California High-Speed Rail] Authority from spending bond measure funds for construction until the funding plan is brought into compliance," said Michael Brady, co- lead attorney on the case, but because that would require finding at least US$25 billion in extra funds, Brady believes complianc
  • July 12, 2016
    European Commissioner blasts auto industry on defeat device scandal
    Speaking at the FIA summer cocktail party, European Commissioner Elżbieta Bieńkowska compared the emissions defeat device scandal to the banking crisis and proposed a three step programme to ensure that market confidence is restored. She insisted on the need for the auto industry to show all their cards so that constructive progress could be made. Her plans include the need to reform the EU's type-approval and market surveillance system. She also endorsed long-term investment in a low-carbon transport syst
  • May 11, 2017
    EU court rules Uber must be regarded as a transport company
    A ruling by an representative of the Court of Justice of the European Union has dealt a potential blow to ride-hailing company Uber, saying it is not merely a digital enabler but provides a transport service, which means it must be licensed in order to operate.
  • April 16, 2019
    5G or not 5G?
    Just a few years ago, there was only one solution in terms of communications protocols for delivering vehicle connectivity. Now, road operators and vehicle manufacturers face choices – including a moral choice, perhaps. Jason Barnes looks at the current state of play There is a debate raging in the ITS world over future communications protocols. Asfinag, Austria’s national strategic road operator, has announced it will from 2020 be using ITS-G5 to support cooperative ITS (C-ITS) applications (‘First thin