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 3, 2012
    Will the European Electronic Tolling System serve its purpose?
    ASECAP's Kallistratos Dionelis asks whether, despite the best intentions at the policy level, the European Electronic Tolling System can ever hope to serve the customer in the way it is intended to. Reality doesn't just happen. In many ways, reality is created. We first create or produce a reality and then we consume it; this takes time and has a cost that needs to be covered.
  • March 3, 2023
    C-ITS in Europe: It’s the governance, stupid!
    Cooperative ITS (C-ITS) is coming – in fact, it’s already here. But who has responsibility for making it work? Richard Lax of Kapsch TrafficCom thinks there are lessons to be learned from the European experience
  • April 17, 2012
    EV sales stalling in the UK
    The number of electric cars sold in the UK has fallen by over 50 per cent to just 215 in the first three months of the year despite Government incentives, according to figures from the RAC Foundation.Since 1 January, individuals and businesses have been able to claim a discount of up to £5,000 (US$8,193) on cars producing 75 g CO2/km or less under the Government’s Plug-In Car Grant scheme. A total of 680 cars have been purchased under the programme, taking the number of electric cars registered in the UK to
  • 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