Berlin – On the “velvet gloves” policy followed now by the “Boxing gloves the protection of consumer rights” threatens the Federal Association of the consumer centers. Representing tens of thousands of diesel driver, he pulls against VW to court.
40,000 requests for a pattern for a declaratory judgment,
It’s about compensation for the victims of the Diesel-scandal – with a whole new consumer lawsuit, the on 1. November has been submitted.
Around 2.5 million cars had caused the Volkswagen to the “diesel gate”. Where 26,600 diesel drivers fight alone in court to claim damages. Exhaust gas fraud, loss of value, driving bans in some cities: Who drives a Diesel, you can almost only lose. Also, the court proceedings are often expensive and financially risky. The pattern declaratory action to change that. The lawyers of the consumer advocates expect that several tens of thousands of Affected connecting. Even now, there are about 40,000 requests and interested parties.
What is a complaint?
The pattern for a declaratory judgment is a kind of “One-for-all”suit. The Instrument is new, the VW case, the first practice test. Consumer protection organizations complain for groups of Affected – with less effort and risk for the Individual.
see also: driving bans in Germany – In these cities are not allowed to drive Diesel.
you Can join in all the diesel driver?
no, not first. The associations only to actions for diesel drivers, who were affected by the Volkswagen-Obligation call-back and still not even have complained. This relates to Diesel from VW, Audi, Skoda and Seat with engines of the type EA 189 (four-cylinder, displacement: 1.2 or 1.6 or 2.0 liters), which after 1. November 2008 were sold. Also who has sold his car now, or scrap, can participate.
How does the pattern of declaratory relief?
The Federation of German consumer organisations (vzbv) has worked on ten cases, and its action on this basis, on 1. November at the higher regional court of Braunschweig submitted. On this day the law enters into force. The court considers the complaint admissible, register for more Concerned free of charge from the Federal office of justice in a complaint register. This is supposed to be easy and without lawyers. In two months, a total of 50 people have to come together. If the negotiation has begun, you can’t get in.
Learn here: What is the emissions standard for my Diesel?
What can come out of it?
damages will probably not give it directly. In the method, it’s just a matter of whether Volkswagen has acted unlawfully. Will be awarded to the customer a right to damages, you must enforce this yourself. So you can not go with the judgment to a car dealer and money back, but have yet to even before the court. More convenient is a comparison between VW and the customer would be. “Our goal is that the car can give back to the owner of either the car and get a refund, or if you want to get the value of the loss compensated, or if you have sold the car already, the appropriate compensation to get”, says the vzbv-Board of Directors-Klaus Müller.
I Have a risk if I register?
The risk of litigation costs of the Federal Association of consumer centers. If consumers lose Central, all of which are in the action tab bound, however, to this decision. You can not sue in other courts for damages.
Also interesting: These European cities have locked the Diesel already.
what are the chances of success are?
The lawyers are very confident that Volkswagen sees little prospects for the lawsuit. The vehicles were approved in spite of the “shift logic” – so the diesel scandal, the failed shut-off device of the exhaust gas cleaning, safe, secure, and ready to drive, argues the company. Who is right, and are hard to estimate, especially since there was a lawsuit in Germany.
How long it takes for the diesel driver to see money if the consumer Central to win?
The point is, if VW agrees to a settlement with the customer. Then it could go quickly. The car maker goes through all the instances, it could take years. Both sides go out of hearing, 2019, and a court decision in 2020. After that, VW is expecting the response to the Federal court, where two years are likely to be incurred. Only then could be decided in individual negotiations over the specific amount of damages.
also read: after Diesel, the gasoline engine?
How high could be the damages?
This is still not exactly say. Lawyer Ralf Stoll, in charge of the lawsuit for the consumer centers, holds 15 to 20 percent of the purchase price is appropriate. If the method ran out in favor of the plaintiffs, were the judges Concerned, so far, between seven and 25 percent. Many of the procedures were, however, decided in favor of Volkswagen, the plaintiffs received nothing.
Could change the Diesel-package of the Federal government and the bans on the value in dispute?
The Association and its attorneys do not assume. Also, the Software Updates probably played no role. “The damage has already been incurred with the purchase of the car and due to an Update not to compensate”, says the vzbv. Also Stoll the Retrofit and Premiums, the Federal government is not comprehensive enough to influence the process. The driving bans are not affected because they could not claim to be solely due to the diesel scandal will be introduced.
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How is the actions of other customers to the Diesel scandal?
According to Volkswagen, sind, where 26,600 procedure of Diesel-owners against the dealer or the manufacturer is pending. Around 7,400 judgments already existed. While plaintiff lawyers accuse the group to look at the latest at the level of the courts of the comparison, stresses the VW, the number of comparisons was relatively small. The exact number don’t want to call Volkswagen. In the case of individual complaints, with a prospect of success for VW plaintiffs offered according to the ADAC even money for a non-disclosure agreement.
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