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

  • C-ITS in the EU: ‘It has got a little tribal recently’
    April 16, 2019
    As the C-ITS Delegated Act begins its journey through the European policy maze, Adam Hill looks at who is expecting what from this proposed framework for connected vehicles – and why some people are insisting that the lawmakers are already getting things wrong
  • Euro NCAP to drive adoption of AEB systems for safer cars in Europe
    June 14, 2012
    Euro NCAP (New Car Assessment Programme) has published the results of its survey on the availability of autonomous emergency braking (AEB) systems in Europe and reveals that its vehicle safety rating assessment programme will include AEB technologies in its star rating from 2014. Real world performance data suggests AEB systems can reduce accidents by up to 27 per cent. Although the introduction of these active safety technologies is reducing road deaths and injuries, the availability of AEB in Europe is fa
  • Semi-autonomous hybrid vehicle trials show fuel, emission savings
    July 16, 2012
    The Transport Research Laboratory has unveiled an innovative semi-autonomous vehicle prototype. It offers improves in environmental performance and safety but also displays some shortcomings. Mike Woof reports. The UK's Transport Research Laboratory (TRL) has been working on an innovative project to develop a prototype vehicle intended to reduce fuel consumption. Based on a Ford Escape hybrid model, TRL's Sentience vehicle uses a combination of mobile communications and mapping technologies to reduce fuel c
  • Monkey Parking app ‘illegal and predatory’
    June 25, 2014
    San Francisco City Attorney Dennis Herrera has issued an immediate cease-and-desist demand to Monkey Parking, a mobile peer-to-peer bidding app that enables motorists to auction off the public parking spaces their vehicles occupy to nearby drivers. A letter issued by Herrera's office to Paolo Dobrowolny, CEO of the Rome, Italy-based tech start-up, cites a key provision of San Francisco's Police Code that specifically prohibits individuals and companies from buying, selling or leasing public on-street pa