New developments
In our last update, we explained a ruling by a European court in a German case, which ruled that car manufacturers are directly liable for the damages they caused to you as a result of diesel fraud.
Retrieved from 6 October 2023 the court in Den Bosch ruled that Volkswagen must pay 4400 euros in damages to a Dutch buyer of a so-called shoemel diesel. The court stated that the Volkswagen Passat purchased in 2012 was equipped with technology that reduced nitrogen emissions during laboratory tests, but was more polluting in normal conditions. The court further ruled that as a result of this "unfair trade practice", the car depreciated in value and now holds Volkswagen responsible for this. In practice, this means that Volkswagen must pay a fixed percentage of the purchase price (10%) as compensation for the decreased value. This reasoning follows exactly the line of argument that we also put forward in our claim, except that we believe that the percentage of the purchase price to be repaid should be higher than 10%. The ruling is therefore an important boost that offers hope for a positive outcome in our proceedings.
The scandal of Volkswagen's diesel cars with sham software first came to light in 2015. Since then, several judges have already ruled on compensation of 3,000 euros for a newly bought diesel car with the tampering software and 1,500 euros for a car bought second-hand. The October ruling was the fourth time Volkswagen has been ordered to pay compensation by the courts. Naturally, we keep a close eye on developments in the market and will keep you informed via these newsletters and via the website.
Mercedes
As we informed you earlier, the court has asked us to submit impediment dates so that a hearing can be determined. The court has now postponed determining a hearing date several times. It is frustrating that this process is so slow, but unfortunately it is beyond our control. As soon as the hearing date is known, we will of course let you know.
Renault
As we informed you earlier, the court has set a hearing for 29 January 2024. At that hearing, the final formal requirements for admissibility of our foundation will be reviewed. Our foundation has been declared fully admissible in similar proceedings against another car manufacturer (Stellantis) by judgment dated 20 September 2023. We therefore expect that we will also be declared admissible in these proceedings against Renault. If we are indeed admissible, the substantive, substantive phase of the proceedings will begin. The first step will be for the court to give Renault the opportunity to submit a defence. We expect that defence by the summer of 2024. This will generally be followed by a hearing and the long-awaited (final) judgment.
Stellantis
As we informed you earlier, the court has declared us fully admissible in our claims by judgment dated 20 September 2023. This means that the substantive, substantive phase of the proceedings now begins. The first step is for the court to give Stellantis the opportunity to submit a defence. They are expected to be given three months to do so. After the defence is filed, we expect a hearing to be set, which will be followed by the long-awaited (final) judgment.
