EMISSION CLAIM FOUNDATION

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Articles of Association

The Emission Claim Foundation wants to offer Dutch people who have bought or leased an affected vehicle equipped with an illegal manipulation device access to justice. Our Foundation also wants to help hold accountable those automakers who seem to believe that their financial power and market dominance mean they can continue to ignore environmental and other laws designed to protect us, our families, and friends, with impunity.

The Dutch and European legislators have introduced emission-limiting legislation with an important goal: the protection of our environment and our health. Excessive nitrogen pollution impairs our ability to breathe. It is a cause of climate change. Join us in this collective action so that the behavior of Mercedes-Benz is properly curbed, as provided for in the existing Dutch law (the WAMCA).

The Foundation has engaged the renowned law firm Kennedy Van der Laan, in partnership with Hagens Berman EMEA LLP, to support the Foundation's mission. Hagens Berman EMEA LLP is the sister office of Hagens Berman Sobol Shapiro LLP, which was named the best Class Action Practice of the year in the US for its pioneering work.

GOVERNANCE

The Foundation is a Dutch legal entity (a foundation, or ‘stichting’ in Dutch) established as a non-profit organization to represent the interests of those affected by environmentally hazardous and polluting emissions, including specifically those who have suffered damage as a result of the purchase or lease of vehicles equipped with illegal defeat devices. The Foundation is financed by Emission Claim Funding B.V. This litigation funder is managed by two lawyers from the law firm Hagens Berman EMEA LLP, which has significant experience in suing companies, particularly car manufacturers, for their wrongful acts.

Our Foundation is governed by a board of directors, whose activities are supervised by our supervisory board and whose activities are governed by the Claim Code. The board of directors is obliged to comply with this Code and to report annually whether it has followed it. The board members receive a fee for expenses related to the functioning of the Foundation, a fee for attending meetings, and a fee which amounts are determined by the supervisory board. The board of directors may meet as often as a director convenes one and each director has one vote.

The Supervisory Board supervises the policy and strategy of the Board and the general affairs of the Foundation. The Supervisory Board also advises the Management Board. The Supervisory Board meets at least once a year and each member has one vote.

  • Board members are reimbursed €250 per hour for their efforts. Reasonable travel, accommodation, and meal costs will be reimbursed.
  • None of the board members has a conflict of interest with the Foundation, nor an interest that would jeopardize their independence.
  • The Emission Claim Foundation is funded by Hagens Berman Sobol Shapiro LLP through Hagens Berman EMEA LLP in London, United Kingdom. In exchange for financing, developing, and supporting the procedure and its expertise in these areas, Hagens Berman receives 25% of the compensation realized by the foundation. Our business against the automakers is on a no-win, no-fee basis. The expected compensation per car manufacturer is expected to be at least EUR 100 million. If there is a surplus after payment of the benefits that is not claimed by represented claimants, we will use this surplus as much as possible in accordance with the Foundation's goals.