The Case Against Fiat Chrysler

Globally, between 2009 and the present, inter alia the following FCA brands: Fiat, Alfa Romeo and Jeep, installed impermissible “defeat device software” in millions of their diesel vehicles. The nature of the defeat device is simple: the vehicles operate in a clean mode that is compliant with regulatory testing and switches to an alternative, “dirty mode”, after the standardized twenty-minute NEDC test cycle would be complete.

In a real world driving test, that takes longer than the NEDC test time, the affected vehicles grossly exceed the legal limits for NOx emissions. This was done to inter alia decrease maintenance costs, increase performance, and to make the vehicles more competitive in the market.

Fiat Chrysler Automobiles N.V. (also known as FCA), the top holding company,  acknowledged their guilt in the United States by settling for 800 million dollars after the EPA confirmed the presence of defeat device software.  In Europe, the Dutch RDW and the German KBA have also confirmed the presence of defeat device software in certain engines that are used in different Fiat, Alfa Romeo and Jeep models.

Dutch RDW has ordered FCA to organize recalls for certain models in order to comply with applicable legislation on Euro 5 and 6 standards. If and when FCA fails to do so, RDW has already announced it will consider a withdrawal of type-approval for these cars, which means that these vehicles are not allowed to drive on public roads anymore.

Despite the above, FCA has refused to acknowledge their responsibility or do the right thing for their customers. Apart from affecting your wallet, this behaviour of FCA may have had a negative impact on the environment and public healthy in general.

With its unethical conduct, FCA (including its affiliated companies) has engaged in consumer fraud and therefore must be held accountable.

What we are doing

As a large international corporation, FCA relies on the fact that a single person does not have the resources to challenge their wrongful conduct. Until recently, collective redress in Europe has been fragmented. This has allowed wrongdoers like FCA to avoid liability to its customers who have suffered financial damage by way of decreased resell values, increased maintenance costs, and post-fix frustration of decreased vehicle performance. Now, with the WAMCA-legislation in the Netherlands, the DEJF has the possibility to represent all affected Europeans for the corporate wrongdoing of FCA and related parties such as the importers and dealers.

Process and Information Request

For you to participate in this action, we need to verify certain information and need your cooperation. It’s very simple and straightforward. We recognize that providing personal information is sometimes troubling, but please rest assured your information is fully protected in accordance with our privacy policy (to read click here) and will only be used to validate your claim.

At this moment, for pre-registration purposes only, we ask you to fill in certain fields as described above in the Impacted models section.

We will need to identify the person we are communicating with electronically (you), that you are in fact the registered owner. To do this we need you to provide a piece of identification information that is unique to you and generally only known by you. We have chosen date of birth as the most unintrusive identifier to ask you to provide.

After we have done an eligibility check on a preliminary basis, we will reach out to you for entering into a formal participation agreement with the Foundation, which will establish a legal relationship between you and us in the various jurisdictions we operate.

Please be advised that, the entering into an agreement, is a next step in our on boarding process. This step concerns only the pre- registering of your (non-binding) interest in this case.

We have attempted to make this process as simple, quick, and non-evasive as possible keeping in mind our duty to the Court and our ability to successfully litigate your claim on a collective basis.

CURRENT STATUS

On 22 October 2024, the Amsterdam Court of Appeal has ruled that it has jurisdiction over the claims of Fiat drivers who bought or leased their vehicles in the Netherlands but not over the claims of those who did so outside of the Netherlands. Also, the court ruled that the WAMCA applies to claims relating to Euro 6 cars but that the old collective action statute applies to Euro 5 cars. Emissions Justice is content with the decisions on jurisdiction regarding the Dutch constituency and the decision that WAMCA applies to Euro 6 cars. Emissions Justice will launch a supreme court appeal against the other elements of the decision.

PROCEEDINGS AGAINST FIAT

• On 31 August 2020, Emissions Justice served a writ of summons on Stellantis N.V. (previously Fiat Chrysler Automobiles N.V.), FCA Italy S.p.A, Alfa Romeo S.p.A, FCA US Ltd, the Dutch car importer FCA Netherlands B.V. and a number of individual Dutch car dealers.
• On 2 December 2020, the defendants appeared in the proceedings before the Amsterdam district court.
• On 24 March 2021, the court decided on the procedural order. This decision can be found here. The first phase of the proceedings will deal with jurisdiction of the Amsterdam court and applicability of the WAMCA collective action regime.
• On 16 June 2021, the defendants filed their statements of defense regarding jurisdiction of the Amsterdam court and applicability of the WAMCA collective action regime.
• On 18 January 2022, a hearing took place. The hearing focused on jurisdiction of the Amsterdam district court and applicability of the WAMCA collective action regime.
• On 30 March 2022, the Amsterdam district court ruled on its jurisdiction and applicability of the WAMCA collective action regime. The judgment can be found here. In summary, the court ruled that is has jurisdiction to hear claims on behalf of all EU car owners against the defendants. The court also ruled that the WAMCA collective action regime is not applicable. This means that Emissions Justice can demand a declaratory statement on, inter alia, the legality of the defeat devices, but cannot claim damages in these proceedings.  Such damages claims would need to be litigated in follow-up proceedings.
• On 29 June 2022, Emissions Justice filed an interim appeal against the 30 March 2022 judgment as it does not agree with the court’s ruling on applicability of the WAMCA class action regime.
• The proceedings in first instance have been stayed by the court pending the interim appeal.
• On 1 November 2022, the defendants filed their defense in the interim appeal. They argued that the WAMCA did not apply to these proceedings. In addition, they also filed a cross appeal against the court’s ruling that it has jurisdiction to hear the claims on behalf of Emissions Justice’s non-Dutch constituency.
• On 10 January 2023, Emissions Justice responded to the cross appeal.
• The hearing at the Amsterdam Court of Appeal took place on 18 January 2024.
• A decision is expected to be rendered in August 2024.
• On August 13, 2024, the Amsterdam Court of Appeal ruled that the Dutch court has jurisdiction, but not regarding the claims of Fiat drivers who bought or leased their cars outside the Netherlands (read here). Also, the court ruled that the old collective action statute applies to Euro 5 cars and that the WAMCA applies to claims relating to Euro 6 cars. The Court of appeals confirmed  this decision on 22 October 2024 and referred the case back to the court in first instance.
• Emissions Justice is content with the decisions on jurisdiction regarding the Dutch constituency and the decision that WAMCA applies to Euro 6 cars. Emissions Justice will launch a supreme court appeal against the other elements of the decision.