VW owners who suffer from the diesel scandal can file a consumer complaint from November, possibly claiming compensation. About three years after the scandal became known about engineered diesel engines, the consumer centers and the ADAC announced a model statement on Wednesday in Berlin.
Their goal was to establish in court that the car manufacturer "deliberately caused immoral damage to buyers with purchasers of software manipulation". Consumers could then benefit from a comparison with VW or better enforce their claim for compensation.
Anyone who purchased a Volkswagen, Audi, Skoda or Seat diesel engine from November 2008 on EA 189 engines for which a recall was taking place can participate free of charge. A reservation is possible online on the homepage "www.musterfeststellungsklagen.de", from November onwards registration in a complaints register is required. The federal association of consumer lawyers (vzbv) wants to submit the action to the highest regional court of Brunswick on 1 November – and then enters into force with the law, which makes the new "one-for-all lawsuit" possible. The ADAC does not complain, but supports the vzbv.
Even without legal assistance insurance an opportunity
In September 2015 Volkswagen granted manipulation of diesel cars. American authorities had stated and made public that only in tests the exhaust gas cleaning worked, while the output was higher on the road.
The parish of Berlin is against the controversial & # 39; Dau & # 39; project
Thousands of VW drivers have complained on their own initiative. The Model Statement Action is now also "interesting for those who do not have legal expenses insurance or whose previous options were too complicated," said Klaus Müller. If you join from November to December 31, you can be sure that his possible claim will not die.
The mandatory recall at Volkswagen affects 2.5 million cars. 99 percent of the diesel drivers involved have not complained yet, Müller said. The lawyers representing the advocates of consumers in the courtroom count on "at least a few thousand" interested parties. Even those who have sold or demolished their VW diesel are not excluded from the lawsuit. With a judgment of the Brunswick High Court, the associations expect 2020. Then the case could land at the Federal Court.
The modeling action only relates to the obligatory recall of Volkswagen, because only at the end of the year there is a risk that the claims will be limited.
Volkswagen sees itself right
Volkswagen sees little chance of the lawsuits. "The instrument of the model declaration action does not change our position: there is no legal basis for complaints from customers regarding the diesel problem in Germany", according to the car manufacturer. Even today, customer complaints for regional courts have remained mostly unsuccessful. There are also twelve judgments of higher regional courts, which have failed in terms of Volkswagen or in the interests of dealers.
On the other hand, the lawyer Ralf Stoll said: "I think VW will certainly fear this lawsuit." More and more judges equate the injured party. In some cases, however, this also means that the customers of group and diesel agree on a settlement for a court decision in comparison. According to Volkswagen, there are around 23,800 diesel processes in Germany under consideration. So far, 6100 statements have been made. Minister of Justice Katarina Barley (EPD) welcomed the announcement of the associations: "Consumers should not be the dumbest if companies do not act legally." dpa