On 13 July, a hearing took place in the Mercedes case. Amongst others, the parties discussed with the court how this information can best be structured and the further course of the proceedings. A decision on these issues is expected on 31 July 2024.
In the case against Stellantis (concerning Peugeot, Citroën and Opel) the court ordered a hearing on the merits of the case, which will take place in the first quarter of 2025. Apart from the liability of the defendants, the parties will also discuss whether the court should issue a similar information order in that case.
In a decision of June 2024, the court asked similar questions to Renault.
In a decision of April 2024, the Amsterdam court posed various questions to Mercedes regarding the nature of the defeat devices that it installed in its vehicles and ordered Mercedes to respond to these questions.
The DEJF was pleased to co-host its second webinar regarding Dieselgate Litigation in Europe and Beyond on 17 January, featuring expert legal panelists Peter Cashman, Fabio de Dominicis, Pedro Leitão Pais de Vasconcelos, Stefaan Voet and DEJF board members Maria José Azar-Baud and Julia Suderow. The full recording is now available.
The Netherlands largest newspaper De Telegraaf publishes opinion article written by DEJF Supervisory Board Chair Peter Goes. It is available to read here.
The Foundation published results of new research at www.mercedesrecall.nl showing that Mercedes sold 8 times as many polluting and unhealthy diesel cars in the Netherlands as it previously reported to authorities, using Mercedes’ own records. A forensic accountant has confirmed the accuracy of these results. Read the press release.
The DEJF was pleased to co-host a webinar regarding the Dieselgate Litigation, on 24 May, featuring several renown panelists including Deborah Hensler, Axel Halfmeier, Ianika Tzankova, Stefaan Voet and DEJF board members Maria José Azar-Baud and George Tsetsekos. The full recording is now available.
There is also a paper available, The Globalization of Mass Civil Litigation: Lessons from the Volkswagen “Clean Diesel” Case, for further reading.
Read our April newsletter.
Read our November newsletter.
Read our May newsletter
Read our December newsletter.
This morning at a press conference in Berlin, the U.S. law firm Milberg and Deutsche Umwelthilfe (DUH) presented extensive research and compelling evidence outlining the resources and technology that the German auto manufacturer, Daimler used to deceive both government inspectors and consumers at large in respect of harmful diesel emissions. The evidence consists of an investigation by the renowned software expert Felix Domke which the Diesel Emissions Justice Foundation (DEJF) used in part to substantiate the claims in their Dutch proceedings against Daimler. Also, Deutsche Umwelthilfe presented an additional investigation in which the findings by Mr. Domke were corroborated based on extensive tail pipe emissions measuring. While the allegations against Volkswagen are well known and of longstanding, this material further reinforces the assertion of the DEJF that Daimler and many other car manufacturers were complicit in the widespread intentional deception of European consumers.
“We welcome the discovery of this additional evidence that Deutsche Umwelthilfe and Milberg brought to the attention of the public. The DEJF closely cooperated with Milberg and Felix Domke in the development of this evidence, has full access to it and will be utilising it in our cases on behalf of our impacted claimants as we continue the fight for justice and proper compensation. We expect all affected vehicle owners to receive appropriate recompense at the hands of the courts in due course.” – Andrew Goodman, Chairman of the DEJF
Newsletter for all Participants
The Diesel Emissions Justice Foundation applauds the wisdom of the Amsterdam District Court in the proceeding by Stichting Car Claim. Please read our press release here.
Today, the Portuguese Consumer protection association Ius Omnibus submitted to the District Court of Lisbon, a new so-called “popular action” aimed at restoring legality and compensating all consumers who own Alfa Romeo, Jeep, Fiat and Lancia with diesel engines, approved in accordance to the European emission standards Euro 5 and Euro 6 (up to Euro 6c), due to Fiat Chrysler Automobiles’ use of illegal cheat devices. In case of success, the action will cause Fiat Chrysler Automobiles (now called Stellantis) to repair the vehicles and pay estimated compensation in a minimum amount of € 2,702 per vehicle.
The pursuit by Ius Omnibus of this action is being carried out as part of a multi-jurisdictional effort, in partnership with the Diesel Emissions Justice Foundation (DEJF). Mrs Maria José Azar-Baud, Associate Professor at University of Paris-Saclay, serves as Board Member to both Ius Omnibus and DEJF.
Today’s press release of Ius Omnibus – in English – can be found here.
More detailed information about this popular action can be found here.
For more information on Ius Omnibus, please go to: https://iusomnibus.eu/
An important decision against Volkswagen in France has been reported. On the 27th of April, the Court of Appeal of the city of Pau ordered VOLKSWAGEN to pay damages arising out of Dieselgate. The legal action was taken individually by a couple owning a TIGUAN Volkswagen car. The Court determined the total amount of damages on EUR 4,000, containing in EUR 2,000 for material damages and EUR 2,000 euros for moral damages caused to the applicants.
While having direct impact for the involved-car owner only, the decision -once again- sets another significant precedent for all (Volkswagen) emission cases, including the proceedings of the Diesel Emissions Justice Foundation against Volkswagen in both France and The Netherlands.
Newsletter for all participants.
Progress continues to be made in the pursuit of justice against VW. Today, The Federal Court of Justice in Karlsruhe, which is Germany’s Highest Civil Court, issued another favorable ruling in the individual case of a German consumer against Volkswagen. She bought in 2013 with a loan of VW Bank, a subsidiary of the Car manufacturer, one of its diesel cars that were discovered to be fitted with devices to cheat emissions tests. The Court ruled that Volkswagen has to pay this customer who returned her car after the diesel scandal emerged and claimed for damages, the amount of Euro 3,300 including interest payments on the loan. The presiding Judge Stephan Seiters said: “The buyer must be provided for as if the purchase had not happened”. The decision sets another important precedent towards full compensation of all affected VW-drivers throughout Europe. To read the release (in German) click here.
The Portuguese consumer protection association Ius Omnibus submitted this morning, to the District Court of Lisbon, a so-called “popular action” aimed at restoring legality and compensating all consumers residing in Portugal, who own or possess Mercedes-Benz vehicles, with diesel engines, approved in accordance to the European emission standards Euro 5 and Euro 6 (up to Euro 6c), due to Daimler’s use of illegal cheat devices. Ius Omnibus asks that Daimler/Mercedes-Benz be ordered to repair the vehicles and pay estimated compensation in a minimum amount of € 4,200.00 per vehicle.
The pursuit by Ius Omnibus of this action is being carried out as part of a multi-jurisdictional effort, in partnership with the Diesel Emissions Justice Foundation (DEJF). Mrs Maria José Azar-Baud, Associate Professor at University of Paris-Saclay, serves as Board Member to both Ius Omnibus and DEJF.
Today’s press release of Ius Omnibus – in English – can be found here.
More detailed information about this popular action can be found here.
For more information on Ius Omnibus, please go to: https://iusomnibus.eu/
Newsletter for all participants.
Spanish court orders VW to pay damages of € 3,000 per car
A Madrid court has found Volkswagen guilty of the use of manipulated software, or “cheating software”. In proceedings brought by a Spanish consumer association against Volkswagen on behalf of 5,400 affiliated consumers, the judge awarded damages totalling € 16.3million for unfair commercial practices, amounting to an average of € 3,000 per consumer. The judge used a pragmatic method to determine this amount; half to compensate for the depreciation of the affected cars and the inconvenience of use of having to have the cars repaired, and the other half for “moral damage” as breach of confidence due to the advertised “green” image of these cars, the environmental damages and the impact on society.
Read the verdict of the Spanish court (in Spanish)
Over one-hundred-million euro fine for Volkswagen for not meeting emissions standards.
The Volkswagen Group has not achieved the 2020 target for CO2 emissions as set by the European Union. For Volkswagen, the standard was about 99 grams per kilometre per car sold. The manufacturer is now facing a fine of at least € 100million.
Every year, the EU sets increasingly stricter standards for the average emissions of all cars produced by a car manufacturer. The aim is to force manufacturers to produce cars that pollute less and to stimulate the transition to building electric vehicles.
Volkswagen is not the only car manufacturer that has not achieved the CO2 reduction target; the European Commission will soon publish the figures for all manufacturers and the extent of potential fines.
Case Management Hearing before the Amsterdam District Court
After the start of the proceedings against Volkswagen and related parties such as Audi, Seat, Skoda, Porsche, Robert Bosch, importer(s) and dealers in the Netherlands and abroad, the first case management hearing in the Dutch proceedings was held on January 18, 2021 before the Amsterdam District Court.
The objective of this hearing was to exchange views from all parties involved about the desired sequence of subjects to be addressed in the initial phases of the WAMCA procedure we have started.
This includes subjects such as the admissibility of the Foundation, the appointment of an Exclusive Representative Party – which the Foundation has opted for – as well as determination whether the Dutch court has jurisdiction with regard to the claims brought and, if so, which (national) law would apply. The court has indicated that a decision on the order of handling of the above points can be expected on March 3.
The session took more than four hours during which – unsurprisingly – positions were taken on both sides that were diametrically opposed.
We expect the Foundation to be declared admissible because it meets the requirements outlined in the Dutch Claim Code 2019. We also expect to be appointed as the Exclusive Representative Party, acting on behalf of the group of injured parties as described in the writ of summons of March 13, 2020.
Judgment of the Court of Justice
On December 17, the European Court of Justice ruled that the fraudulent (“cheating”) software installed by Volkswagen in cars belonging to the Volkswagen Group is prohibited and in violation of European laws and regulations.
The decision of the European Court of Justice follows in response to so called prejudicial questions put by a French judge as part of a criminal investigation against Volkswagen. The Court of Justice rejected Volkswagen’s defence that the software is necessary to protect the engine. The Court in doing so, largely followed the advice of Advocate General Sharpston who outlined in her earlier Opinion, that the definition of the term ‘defeat device’ must be interpreted broadly, and that there are only limited possibilities for successfully invoking the exceptions provided for by law.
This important judgment of the Court of Justice, binding for all Member States of Europe, establishes at the highest level, that the use of fraudulent software is illegal. This decision provides further ammunition for the cases that the Foundation has brought against Volkswagen when it comes to establishing liability and enforcing damages.
Read the press release of the Court of Justice
Read the full judgment (in French) of the Court of Justice
Newsletter for all participants.
Diesel Emissions Justice Foundation (DEJF) started legal proceedings in The Netherlands against Fiat Chrysler Automobiles N.V. (‘FCA’), and related parties, for damages resulting from the use of manipulation software to falsify emissions testing, for their role in what is commonly referred to as Dieselgate. The action is filed under the Dutch Act on Collective Damages Claims (Wet Afwikkeling Massaschade in Collectieve Actie), known as WAMCA.
The DEJF has requested the Amsterdam district court to be appointed as the Lead Plaintiff in order to lead the proceedings against FCA et al. on behalf of all affected Dutch and European parties, as described in the writ of summons. This writ (in Dutch) can be accessed on the Foundation’s website: https://www.emissionsjustice.com/wp-content/uploads/2020/08/Geanonimiseerde-dagvaarding-DEJF74.pdf
The Diesel Emissions Justice Foundation is a Dutch non-profit organisation. Its mission is to protect the interests of drivers impacted by the Dieselgate scandal and, by doing so, to facilitate access to justice for affected car owners. This new litigation is the third collective initiative by the DEJF to seek compensation for aggrieved consumers, following the Volkswagen litigation that the Foundation initiated in March 2020, and the Daimler litigation brought in June 2020.
DEJF expands remit and begins accepting European claims against Mercedes.
Milieudefensie supports the initiative of the Diesel Emissions Justice Foundation against the polluting car industry:
“With the diesel scandal, the car industry has seriously damaged our health and the environment. As a result of the diesel scandal, the negative health consequences of the air pollution will only increase, while the extra polluting cars will continue to drive. The current political and legal system has not sufficiently protected the population against the economic interests of the profit-driven industry. That is why Milieudefensie supports the legal actions of the Diesel Emissions Justice Foundation. Milieudefensie wants a fund to improve the environment and make traffic more sustainable. That is fair and badly needed after the damage the industry has caused…”
Diesel Emissions Justice Foundation (DEJF) publishes a statement reacting to the decision of the Supreme Court of Germany (BGH) against Volkswagen AG. Read the full statement.
Volkswagen ordered to pay compensation in very favourable decision of German Supreme Court. Read DEJF’s Managing Director Femke Hendriks’ comments in Dutch media. You can also listen to her interviews on Dutch radio here: NOS / Radio 1 and BNR Radio. (All in Dutch)
DEJF Managing Director, Femke Hendriks, along with Board member, Maria José Azar-Baud, and Supervisory Board member, George Tsetsekos, host a webinar for current and prospective claimants across Europe. In addition to providing an overview of the DEJF’s progress to date, they also answered live questions from attendees. The original video can be seen here.
DEJF invites all of its current and prospective claimants to attend its Inaugural Webinar on 29 April. The webinar will be conducted in English. Registration is closed.
The DEJF releases a statement in response to the England and Wales High Court Decision on VW. Read the press statement.
Dutch Financieele Dagblad (FD) publishes article on start of litigation of DEJF against Volkswagen AG in The Netherlands, stating: “The German car giant has been summoned before Amsterdam Court by a Dutch foundation (DEJF) that claims to represent millions of European buyers of affected vehicles. Through the Dutch court, the organization wants to claim billions in damages.” To read the full press release issued by the DEJF, click here.
DEJF releases statement in response to VW deal in Germany, applauding resolution achieved by consumer organization VZBV. However, DEJF highlights that VW is only offering compensation for German residents, while the remaining 96% of duped car owners throughout Europe are left out. DEJF encourages VW to work with them to reach an acceptable solution for all affected customers. Read the statement here.
DEJF expands to include France. Read the press release.
DEJF sends formal letter to VW informing them of the initiative and demanding compensation for impacted car owners and lessees. Letter encourages VW to enter into a constructive dialogue with DEJF to reach a solution for its constituents or face litigation across Europe.
DEJF expands to include France. Read the press release.
DEJF expands its activity to include Belgium. Read the press release.
Der Spiegel reports that the German transport authority is investigating software used in smaller diesel engines installed in models, such as the Mercedes A and B-Class.
German transport authority orders Mercedes to recall certain Mercedes van models.
The Stuttgart Prosecutor’s Office fines Mercedes €870m for a negligent violation of the duty of supervision in a department of Mercedes dealing with vehicle certification in the period from 2008, resulting in regulatory approvals being granted for diesel vehicles whose NOx emissions did not meet regulatory requirements. Mercedes does not contest the fine.
DEJF launches in the Netherlands and begins to register potential claimants. Read the press release.
Corpocon, the first EU firm to start legal mass claims against Volkswagen concerning Dieselgate, joins Stichting Diesel Emissions Justice (DEJF). Having signed its first clients in 2015, Corpocon CEO, Orlando Kadir, said:
“I believe the experienced Board, impressive Supervisory Board and committed budgets available to Stichting Diesel Emissions Justice will allow it to litigate effectively against Volkswagen and achieve a justified compensation for the 8.5 million duped European Volkswagen Group car owners. For this reason, Corpocon is pleased to bring its thousands of claimants and join forces with Stichting Diesel Emissions Justice, confident we will accomplish far more together and ultimately hold Volkswagen accountable for its actions.”
After years of preparation, Diesel Emissions Justice Stichting is established under Dutch law. This non-profit foundation is a necessary step in order to formally bring collective tort proceedings against Volkswagen and seek to obtain fair and adequate damages for consumers across the continent of Europe.
German transport authority orders Mercedes to recall certain models which were found to contain an inadmissible switch-off device and/or impermissible reduction in the effectiveness of the emissions control system. [LINK] Mercedes reported that the criticised functionality was contained in a variety of models and that it would review the issue. In September 2019, the German transport authority extended the recall [LINK].
German transport authority orders Mercedes to recall 774,000 vehicles across Europe because they were fitted with inadmissible defeat devices.
Mercedes announces that it will undertake “voluntary service action” to more than three million diesel vehicles in Europe to improve the NOx emissions of the vehicles.
Mercedes institutes a voluntary recall of “compact class cars” with “one engine version”, including Mercedes V-Class and other models [LINK].
Your privacy and our use of cookies
The Diesel Emissions Justice Foundation (Stichting Diesel Emissions Justice) makes use of cookies and comparable techniques necessary for the correct functioning of our website. We also make use of analytical and affiliate cookies with limited or no impact on your privacy to improve the quality of our website. With your consent, we also use tracking cookies and social media cookies so that we and third parties can tailor advertisements and other content to your interests. Read more about cookies in our privacy statement.
