Globally, from 2009 to 2015, Volkswagen installed its “defeat device software” in over 11 million cars with engine type EA 189. Volkswagen has falsely promoted, and is still falsely promoting, a “clean diesel” image and as a result, has commanded a premium for its vehicles. In the United States, the Environmental Protection Agency determined that NOx emissions were up to 40 times higher when manipulated vehicles were not in test mode. Volkswagen themselves admitted that the level of NOx emissions in these different modes was “noticeable”. This unethical behaviour misled the authorities and let car companies portray their cars as cleaner and more efficient than they actually were.

Apart from affecting your wallet, this may have had a negative impact on your health and the environment. With its unethical conduct, VW has engaged in consumer fraud. It must be held accountable.

Volkswagen’s response in the United States
Volkswagen’s software in its EA 189 engines impacted 500,000 cars in the United States. Volkswagen has admitted fault in America. It has agreed to pay over $25 billion USD in compensation to owners, dealers, regulators and states.

Volkswagen’s response in Europe
In 2015, it was revealed that Volkswagen intentionally cheated the Euro 5 standards by employing defeat device software so their vehicles with EA 189 engines would appear to pass emissions tests. Recently, it transpired that Volkswagen has also cheated, and is still cheating, the Euro 6 standards. This includes Porsche and Audi vehicles equipped with EA 897 diesel engines and many VW vehicles equipped with engine type EA 288 (successor of the EA 189 engine). Therefore, the DEJF has expanded the scope of our claim and opened up registration for drivers of Volkswagen-cars equipped with EA 288 and EA 897 engines as well. The developments around EA 288 and EA 897 are being called Dieselgate 2.0 in Germany. This shows that the case is far from over.

While there are no differences in the defective vehicles sold in America and Europe, Volkswagen has refused to accept responsibility for the harm it has caused European consumers.

No meaningful compensation has been offered to European Volkswagen-owners, regardless of whether they drove a vehicle with engine types EA 189, EA288 or EA 897.

Case study: The Netherlands
In the Netherlands the number of affected cars is at least 170,000. The Netherlands Authority for Consumers & Markets determined in its decisions of 28 November 2017 and 4 December 2018 regarding cars with EA 189 engines that this manipulation was intentional, systemic and that Volkswagen AG had engaged in unfair commercial practices. Volkswagen remained silent and even continued to sell large numbers of affected vehicles with engine types EA 288 and EA 897.

What we’re doing
As a large international corporation, Volkswagen relies on the fact that a single person does not have the resources to challenge their wrongful conduct. Unlike the USA, legislation for collective redress in Europe has been fragmented until now, causing Volkswagen to benefit from lack of coordinated litigation in Europe. Now, with the WAMCA-legislation in the Netherlands, the DEJF is able to represent all affected Europeans for the corporate wrongdoing of Volkswagen and related parties.

In March 2020, the DEJF filed a writ alleging that Volkswagen AG intentionally and systemically manipulated at least 8.5 million European vehicles to pass emissions tests – 17 times more than in the United States, including cars manufactured by Volkswagen, Audi, SEAT, Škoda and Porsche.

Specifically, we allege VW installed defeat device software in over 11 million cars worldwide with engine type EA 189, EA 288 and EA 897 since 2009.

CURRENT STATUS

Emissions Justice has to submit its grounds of appeal. In this appeal Emissions Justice will contest the District Court’s ruling that the WAMCA class action regime does not apply.

PROCEEDINGS AGAINST VOLKSWAGEN

• On 13 March 2020, Emissions Justice served a writ of summons on Volkswagen, Audi, Porsche, Škoda, Seat, Bosch, the Dutch car importer Pon and a number of individual Dutch car dealers.
• On 10 June 2020, the defendants appeared in the proceedings before the Amsterdam district court.
• On 17 June 2020, Stichting Car Claim filed a motion to intervene in the proceedings by Emissions Justice and also requested a stay of the proceedings.
• On 27 July 2020, Emissions Justice submitted a written statement to court contesting Stichting Car Claim’s motions.
• On 18 January 2021, a pre-trial hearing was held. The parties were given the opportunity to express their views on the procedural order.
• By decision of 3 March 2021, the court dismissed Car Claim Foundation’s joinder motion and motion to stay the proceedings.
• On 3 March 2021, the court adopted the procedural order. The procedural order 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 26 May 2021, the defendants filed their statements of defense in the first phase of the proceedings regarding jurisdiction and applicability of the WAMCA collective action regime.
• On 15 and 16 February 2022, a hearing of parties 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 new collective action regime (WAMCA). The judgment can be found here. In summary, the court ruled that it has jurisdiction to hear claims on behalf of Dutch car owners, but not for other EU-residents who bought their car from a non-Dutch car dealer. The court also found that the WAMCA collective action regime does not apply.  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 judgment of 30 March 2022 as it does, amongst others, not agree with the court’s ruling on applicability of the WAMCA class action regime.
• The Amsterdam District Court stayed the proceedings in first instance pending the outcome of the appeal.
• Emissions Justice served the grounds for appeal on 6 December 2022.
• The defendants filed their statement of defence on appeal on 14 February 2023. Volkswagen, Audi, Porsche, Škoda, Seat and Robert Bosch also filed their own cross appeals against the 30 March 2022 judgment on the court’s jurisdiction. Emissions Justice responded to these arguments in writing on 25 April 2023. Also, for practical reasons, Emissions Justice dropped its claims against Bosch.
• On 16 May 2024, the hearing took place with the Amsterdam court of appeals. A decision on the applicability of the WAMCA and international jurisdiction is expected in August 2024.

Proceedings in Belgium

• On 7 August 2020, the Foundation initiated proceedings at the court of Brussels, Belgium against inter alia, Volkswagen, Audi, Skoda, Seat, Porsche and Robert Bosch. The purpose of these proceedings is to safeguard the interests of the Belgian car owners who participate in the Foundation’s actions. The Foundation has requested the court to stay these proceedings until a decision shall have been made in the Dutch proceedings regarding the international competition of the court.
• On September 14 2020, the Foundation has filed a request for interim joinder in these proceedings in order to allow an additional number of Belgian participants in these proceedings.
• On 23 October 2020 a first hearing has taken place. During this hearing, the court has stayed the proceedings for an indefinite period, in order to await the developments in the Dutch proceedings.
• On 16 November 2023, the Dutch-speaking Court of First Instance of Brussels imposed a procedural calendar. The Foundation has to submit an update of all claims by 29 February 2024. Then it is up to the defendants to submit a brief by 1 July 2024 (Volkswagen et al.) and 2 September 2024 (Bosch and D’Ieteren). The Foundation can reply by 2 December 2024. The defendants can reply by 3 March 2025 (Volkswagen et al.) and 5 May 2025 (Bosch and D’Ieteren). The Foundation can submit its latest brief by 5 August 2025. The defendants can do so by 5 November 2025 (Volkswagen et al.) and 5 Januari 2026 (Bosch and D’Ieteren). The trial is scheduled for 9 and 16 March 2026.

Proceedings in France

• On 7 September 2020, the Foundation initiated proceedings at the court of Soissons, France, against inter alia, Volkswagen, Audi, Skoda, Seat, Porsche and Robert Bosch. The purpose of these proceedings is to safeguard the interests of the French car owners who participate in the Foundation’s actions. Despite the delaying procedural behavior of Respondents, the Foundation maintains its goal to obtain a decision on the merits recognizing the fault of the car manufacturers involved and the right of victims to compensation. In fact, the Foundation replies immediately and each time to the various procedural objections raised (and then sometimes withdrawn) by the Respondents to obstruct the progress of the proceedings. The next procedural hearing relating to the written exchanges on these objections is scheduled for 18 January 2023 before the Court of Soissons.