- How do I register my interest?
Click on the register button at the top of the page so we can keep you up to date on progress in the case.
- How does this harm me as a consumer?
By providing, selling and placing vehicles on the market which did not meet the technical and regulatory standards, carmakers deceived owners and lessees. As consumers, you based your decision of buying/leasing a car on multiple factors including fuel efficiency, performance and environmental friendliness. Because of these defeat devices, you didn’t get what you thought that you were getting. As a result of the fraud, you paid more for the vehicle than you would have if you knew about the actual NOx emissions. The Emission Claim is claiming an ‘overcharge’ for every diesel vehicle.
- Are original purchasers and subsequent owners of the vehicle/s included?
Yes, since the deception will have affected the purchase price for both parties and may have affected the ongoing running costs of the vehicle while under the ownership of both. Because previous owners have sold their vehicle for a higher price as well, the damages are suffered predominantly by the current owner. The damages per vehicle will be distributed according to a distribution schedule that reflects this fact.
- Can I still register if I have had my vehicle ‘fixed’ for emissions compliance?
Yes, this won’t affect your inclusion in the claim.
- Can I register my interest with more than one group?
At this stage, there is nothing to stop you from registering your interest with more than one Foundation.
- Can businesses and individuals owning affected vehicles register their interest?
Yes, private owners and business owners (such as fleet operators and car rental companies) can register. Lessees are also eligible.
- Do I have to commit to joining the case, what if I change my mind?
At the moment you are only registering your interest and are not tied to any further obligation. You can always change your mind later on. Just email us at [email protected] and we will remove you from our database.
- What are the lawyer fees and costs?
Emission Claim is financed by external funders. We work on a no-win, no-fee basis, which means there are no up-front costs to join the case and have your rights represented, and you will not owe anything if the case is lost. Only if we win the case for you a percentage of the total damages recovered will be paid to the funders as a return on their investment.
- What documentation / proof of purchase is required?
At this stage, we do not need any documentation or proof of purchase from you. We only ask you to register your interest with us – via the Registration form – to be kept informed of the progress of the case by providing some of your details. In due course, we may ask for proof of ownership (in order to link you to your vehicle) along with any other supporting documents proving your loss which may be required for the litigation, but we will correspond directly with you for that. Please, therefore, keep hold of any documents you have related to your affected vehicle(s).
- What if my vehicle is a company car?
We anticipate different categories of loss that can be claimed against the carmaker as a result of dirty diesel emissions. In respect of company cars that means both the company and the employee could be included in the claim for compensation. We would therefore urge both the owners or lessees, as well as the drivers, of company cars to register their interest.
- How much money will I get in compensation?
The amount of compensation you could receive will either be awarded by the Courts or agreed upon through settlements. Based on comparative damages from similar cases, we anticipate an award of approximately €3,000 to €11,000 per vehicle, and possibly higher. However, this is very much an estimated range and by no means guaranteed for each class member, as each court and case is different. We will advocate fiercely to achieve the best possible outcome for you.
About the Claim
- How is a claim filed in the Netherlands?
A claim is brought in the form of a “collective action” and can be brought if the claim has a connection to residents in the Netherlands. The connection conditions are as follows:
- The majority of the individuals on whose behalf the collective claim is brought forward are Dutch residents,
- or the defendant resides in the Netherlands,
- or the events on which the collective action is based occurred in the Netherlands.
About Emissions Cheating
- What is a defeat device and how is it harmful?
A defeat device is a part of the design, software, or hardware of a vehicle, which can interfere and change the emissions system of that vehicle depending on certain conditions.
Affected vehicles were installed with defeat devices designed to detect when NOx emissions were being tested, to ensure that the emissions complied with Euro 5 and 6 regulations. However, during normal on-the-road driving conditions, the defeat devices limited or deactivated emissions controls—resulting in the production of extremely high levels of NOx which are well above the maximum permitted emission values.
Therefore, while the cars passed inspections and had the emission effectiveness which was advertised, when actually driving the car this was no longer the case and there was no control and limitation of the harmful emissions.
- What is harmful about emissions?
These emissions are harmful in two ways.
- Health - NOx pollution contributes to the formation of pollutants known as nitrogen dioxide and particulate matter and reacts with sunlight in the atmosphere to form greenhouse gas ozone. These pollutants lead to serious health risks, including asthma attacks and other respiratory and cardiovascular diseases. Children, the elderly, and people with existing respiratory diseases are at particular risk. The World Health Organisation has declared diesel vehicle emissions to be carcinogenic and about as dangerous as asbestos.
-  Nature/Environment – these pollutants are not only harmful to human health but also to the environment, as they contribute to the deterioration of our air quality and affect animal and plant life, as well as the climate and contribute to rising sea levels.
( WHO, IARC: Diesel Engine Exhaust Carcinogenic, press release no. 213, 12 June 2012.)
- Why do we need to hold automakers accountable?
As a consumer, you are essential to their business. By tricking you and providing you with defective and fraudulent products, they are taking advantage of you and the rules laid out to protect you. It is important to ensure that car manufacturers compensate you for their deception and lies. Furthermore, it is essential to deter other car manufacturers from taking such actions in the future. The parties at fault must pay for their mistakes and must never make them again.
- Emission Claim Foundation
As a Foundation, we safeguard your interests and provide you with legal assistance and representation to ensure you are compensated for the fraud and harm you've experienced as a consumer. We will work on your behalf to provide you with access to justice.
- Kennedy Van der Laan
The Emission Claim is represented in the various proceedings by Kennedy Van der Laan. Kennedy Van der Laan is an independent, renowned Dutch law firm. Since 1992 they have been working for market leaders with their specialist legal knowledge. Kennedy Van der Laan's lawyers have a wide range of legal knowledge. Together with their clients, they look at companies, people, and society with an open mind. Thanks to their in-depth legal knowledge and their affinity with different industries, they are able to provide pragmatic solutions that help their clients directly. Their advice is always concise, clear, and guiding.
- Hagens Berman
Hagens Berman is a global litigation pioneer advocating on behalf of consumers who owned or leased diesel vehicles that do not comply with emission laws. The firm has reached settlements in emission-cheating matters totaling more than $16.9 billion.
Being an international class-action and complex plaintiffs’ litigation law firm, Hagens Berman has taken on the world’s largest corporations and entities, fighting for the rights of consumers. More about Hagens Berman »