Three years ago, VW had to have the exhaust gas purification manipulated. Most of the affected diesel drivers have not complained. For you the consumer want to pull the guards now representative before the court.
From the diesel scandal affected VW owners will be able to join from November, a consumer complaint and, therefore, may be entitled to damages for back up. About three years after the announcement of the scandal to manipulated diesel engines, the Federation of German consumer organisations and the ADAC announced on Wednesday in Berlin, a pattern for a declaratory judgment. The aim is for the court to determine that the car manufacturer is “damaged Software manipulations buyer intentionally immoral”.
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Consumers could then benefit from a comparison with VW or your claim for compensation easier to implement. Participation is open to was, therefore, free to all who have purchased in November of 2008, Diesel the brands Volkswagen, Audi, Skoda or Seat with engines of the type EA-189, for which there is a recall. A reservation is online on the Homepage www.musterfeststellungsklagen.de possible, starting in November, the entry into a complaint register is required. The verbraucherzentrale Bundesverband (vzbv) aims to the action at the 1. November submit to the higher regional court of Braunschweig – then the law comes into force, the A-enables the new “for-all-action”. The ADAC is not suing itself, that supports the vzbv.
Already thousands of lawsuits on their own
In September 2015, Volkswagen had had to manipulations of diesel engines give. US environmental authorities had detected and made public, that only Tests the exhaust gas purification was fully activated, while the output was on the road much higher. Thousands of VW drivers have already filed a complaint on their own. The pattern declaratory action was also “interesting for those who do not have legal expenses insurance or where the previous options were too complicated,” said vzbv-Board Klaus Müller. Who from November until the 31. December connect, could also be sure that its possible to claim not verjähre.
From the Obligation to call back on the Volkswagen 2.5 million cars are affected. 99 percent of the affected diesel driver had not complained, said Müller. The lawyers who represented the consumer advocates before the court, expect “at least several Thousand” prospects. Also who has sold his VW Diesel now, or scrap, was not excluded from the action. With a judgment of Brunswick court of appeal expect the associations for the year 2020. After that, the case could land at the Federal court of justice. Of driving other diesel drivers are allowed to use it affected them a great value may be lost also, if you want to sell your car. In the pattern for a declaratory judgment, but only to the compulsory recall of Volkswagen, because only here a limitation of claims to the year-end threatens.
Volkswagen is left
Volkswagen sees little prospects for the lawsuits. “The Instrument of the pattern for a declaratory judgment does not alter our Position: There is no legal basis for the customer’s actions in connection with the Diesel topic in Germany,” said the carmaker. Even today, the complaints of customers in front of district courts have remained largely unsuccessful. There are also twelve judgments of the higher regional courts, which had failed in the sense of Volkswagen, respectively, within the meaning of the trader.
Federal Minister of justice Katarina Barley: “consumers must not be Stupid”.
By contrast, the lawyer Ralf Stoll said: “I think VW is afraid of this lawsuit.” More and more courts would give the Injured party the right. In some cases, but also to a group and diesel customers in front of a court decision, by comparison to compensation. In the case of individual complaints, with a prospect of success for VW have tried to offer plaintiffs money for a non-disclosure agreement, said ADAC President August Markl. “This will not go in the pattern for a declaratory judgment, of course.”
Federal Minister of justice welcomes the new lawsuit against VW
Volkswagen, according to some 23,800 process in the Diesel-scandal in Germany are pending. About 6100 judgments had been taken so far. Federal Minister of justice Katarina Barley (SPD) welcomed the announcement by the associations: “consumers may not be Stupid, if companies conduct themselves in accordance with the law.”
Legal Trouble Volkswagen has plenty of it. Elsewhere, it comes to billions in damages – but for VW shareholders. The Oberlandesgericht Braunschweig, Germany, a pattern is currently in the investor process. The basis of the so-called investor is pattern procedure act (KapMuG), pattern applicant, the savings Bank subsidiary Deka Investment. The damages claim of the Deka is a good 200 million euros in total, but thousands of investors have complained – it comes to almost nine billion euros.
ul/hb (dpa)