Four years after the outbreak of the VW diesel crisis, the judicial review will now begin on a large scale in Germany. Before the regional court of Braunschweig will, for the first time negotiated a pattern must be the subject of a lawsuit.
It is a bulky word Behemoth, but for hundreds of thousands of VW diesel owners, it is something of a last hope: the pattern of action for a Declaration. The higher regional court (OLG) in the lower Saxony town of Braunschweig will address starting Monday (30.09.2019) as the first court in Germany, in a hearing with such a pattern of action for a Declaration. Only in November 2018, against the Background of the diesel scandal, want to created a consumer with the help of this application form against the VW-group action that will leave you in the scandal of the exhaust gas values of the cars, in their view, only cheated and finally, when it came to the consequences, has the brush-off. Far courts that deal since 2015, Germany, with the diesel method, and the most improper shutdown facilities. In the process, it goes to liability issues, the car manufacturer, and monetary claims, the individual plaintiff consumer may be.
A pattern of plaintiff for hundreds of thousands of Individual
In the case of the pattern for a declaratory judgment (MFK), however, it’s something else. Behind the concept of a method of the so-called collective redress lies. Thus simply explained: – to be determined – whether any conditions exist that justify a claim about damages. Collectively, it is because it comes to the interests of many Individual, made by a common representative claim. In this case, the Federation of German consumer organisations (vzbv) and the automobile club ADAC in front of the court and represents the interests of numerous third parties. The vzbv is the plaintiff and is considered as a so-called qualified entity, must meet certain requirement. He has no claims. The Association is only in the third-party interest for the consumers who have joined the process. Profit from the process may not achieve a pattern of plaintiff generally. Thus, a kind of “process industry is to be prevented”, the professional plaintiff is to interfere only in order to earn money.
Not more sought after: A Diesel with the Euro-5 standard
The suit is a kind of a precursor to the actual damages of each individual: The consumer advocates can register with the MLC to determine whether or not VW has harmed its customers in the diesel scandal “intentional and immoral”, as it is legal, and whether, therefore, a claim for damages, in principle, would exist. The court follows this view, VW are customers still active, to be able to have their respective claims brought before a court. A concrete sum for each individual the pattern declaratory action does not reach. The plaintiffs are seeking to enforce their individual claims, can rely on the result from the sample procedure. A long breath you still have until you are likely to at some point success.
Pattern of action is also to prevent future breaches of the law
The class action serves as a kind of pioneer, because in Germany the principle of individual legal protection applies. After that, people need to keep track of your right self. Problem: not everyone could do it. Because many people shy away from, often the gear in front of a court, for lack of money, lack of experience, because you do not have a lawyer at your side, or fear of a lengthy process. Consequently, they do not get what you want. The pattern declaratory action is designed to compensate for such deficits. The accession is for the individual consumer, free of charge, he needs no lawyer and no legal protection insurance. In addition, he reached that potential claims are not time-barred.
However, the Intervener has no rights of participation in the process. That is, his permission, so the question of whether he is at all affected by the determination of objectives of the action will not be reviewed. However, some jurists see in the MLC an important tool for consumers, this could be especially in the case of alleged massive breach of the law is helpful – i.e. where there are many Damaged, their damage is comparatively low. Particularly in such cases, many consumers would refrain from actions, such as Gundula Fehns-Böer, spokeswoman for the higher regional court of Frankfurt/Main-and-white. The civil Senate has again and again with diesel suits. Therefore, Fehns-Böer leads to another Problem, that arises when the individual claims that: “The breach of the law remains, then, often fell lot.” Perhaps this may lead to the company speculate the fact that no one is against you and that breaches of the law to knowingly commit, or in purchasing. “The declaratory action is also intended to prevent future violations of the Law”, so-Fehns-Böer.
A VW on a test bench. So similar to diesel gate began.
As a result of an MLC can – in addition to the finding that a claim is or is not – also a comparison to come out. It is about the consumer advocates in the case of the VW claim its own information, not averse. Because of the fact consumers could ultimately come to money. Lawsuit opponents VW sees the thing, of course, different. A comparison of the group rejects claims to. He wanted to convince the court with arguments. In some of the previous individual procedure VW of district courts and higher regional courts has been condemned to the restitution of purchases of manipulated Diesel. However, the group suggests that the current procedures could take until 2023. Just so long until all possible legal avenues have been exhausted. Because against judgments of the higher regional court in Revision is allowed, the parties Involved, so both sides can proceed against the decision.
VW is the diesel scandal not alone. The daughters Porsche and Audi have cheated, and Daimler also. Only BMW is considered to be clean.
Result for all Involved
If a decision has acquired the force of law, it is binding. The same applies to all those diesel owners who have joined the collective. So the consumer advocates should suffer a defeat, would also have the legal options of each exhausted. Then, on the individual path, compensation to enforce, would be for all those who are party to the collective beige, possible. Conversely, the risk to face in connection to the Brunswick method of a large number of compensation claims for VW. The fact that the group had begun, the number of applicants down to be added, want, industry experts have recognized that the VW deal but with the possibility of a comparison, as it is called.
In the case before the higher regional court of Frankfurt/Main case pending before the diesel process have agreed, according to the spokesperson for the parties Involved so far, mostly out of court and the action or appeal against a lower court judgment withdrawn. In the meantime, however, be more likely to negotiate – especially when it comes to diesel vehicles, which were purchased in the years 2015 and 2016. Just a potentially groundbreaking decision at the higher regional court of Frankfurt: VW came a few days before the beginning of the hearing in Braunschweig, Germany now-like, therefore “basically” buyers of vehicles equipped with the affected Diesel generator EA 189, from “intentional immoral injury suffered” in connection with the exhaust gas scandal. Say: In this particular case, the buyer thus had the right to a refund of the purchase price against return of the vehicle. (Az. 17 U 45/19)
Only for buyers of specific vehicle types
In the lawsuit, to be negotiated in Braunschweig, are only addressed buyers of specific vehicles. It comes to cars of the brands VW, Audi, Seat and Skoda, where diesel engines are of the type EA 189 installed. These are provided with an illegal switch-off device and back been called. According to the Federal office of justice are stepping up to the middle of this month, around 446.000 consumer of the MLC beige, you have entered in a complaint register. Up to the commencement of the allegedly Injured party can come. The vzbv is a check list against which to assess whether a case fits in with the MFK.
However, not only because it is the first lawsuit of this kind is to be negotiated in Germany, it should be fully in Braunschweig. To all the lawyers and other Stakeholders, can also alleged Victims, bystanders, and journalists space to offer, will be negotiated in the town hall. For November, another appointment is already scheduled. When a decision is taken, but is still open.