Germany Finally Gets in on the Diesel Action With Its Own Compensation Lawsuit

Matt Posky
by Matt Posky

A lawsuit has been filed in Germany against Volkswagen in the hopes of forcing the automaker to buy back emission-cheating cars in Europe in the same manner it was ordered to in the United States.

The suit, filed today by a solitary vehicle owner, will become the test case for thousands of other European claimants and aims to put pressure on VW to compensate continental customers for the ongoing emissions scandal.

Germany’s My-Right.de established a website for VW owners to sign up and have their claims heard without running the financial risks typically associated with plaintiffs and the country’s “loser pays rule.” Cooperating with litigation fund Burford Capital and the global law firm Hausfeld, the website is promising car owners up to 5,000 euros ($5,200) in damages or a forced buyback of their vehicle. While My-right.de has not officially stated how many potential claimants have singed up, Reuters obtained documents indicating at least 100,000 individuals.

Hausfeld already represents VW owners in America and shareholders on both sides of the Atlantic.

While the German proceedings do not have the same legal weight as the U.S. class action suit, they will serve as a model in establishing a basis for future cases.

To date, only about a thousand of the nearly 2.5 million affected German owners have sued VW or car dealers over their defeat device-equipped vehicles. While some suits were rejected outright, roughly one quarter have been successful. Volkswagen is also the target of 1,400 investor-based lawsuits over the same emissions-cheating issue, seeking a combined 8 billion euros.

Volkswagen has already spent billions to compensate U.S. owners of diesel-powered cars, but has — so far — rejected compensation for the remaining 8.5 million affected European models. It proposed the alternative of removing the test-defying software, ensuring that the “fixed” cars would still pass emissions and inflict no loss of value on European car owners.

However, Jan-Eike Andresen of My-Right.de isn’t satisfied. “VW has defrauded car owners for years,” Andresen told reporters. “VW delivered nothing on what they promised to do to mend the issue.”

Matt Posky
Matt Posky

A staunch consumer advocate tracking industry trends and regulation. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied with the corporate world and resentful of having to wear suits everyday, he pivoted to writing about cars. Since then, that man has become an ardent supporter of the right-to-repair movement, been interviewed on the auto industry by national radio broadcasts, driven more rental cars than anyone ever should, participated in amateur rallying events, and received the requisite minimum training as sanctioned by the SCCA. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and managed to get a pizza delivery job before he was legally eligible. He later found himself driving box trucks through Manhattan, guaranteeing future sympathy for actual truckers. He continues to conduct research pertaining to the automotive sector as an independent contractor and has since moved back to his native Michigan, closer to where the cars are born. A contrarian, Matt claims to prefer understeer — stating that front and all-wheel drive vehicles cater best to his driving style.

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  • Markogts Markogts on Jan 03, 2017

    This is a case were I admire US justice. Even if GM is a big corporation, damaging which one damages the country's economics too, they fined it heftily for that switch scandal nonetheless. Nothing similar happens in GEUrmany, where VW IS the state. Long time ago, Agnelli used to claim that "what is good for FIAT, is good for Italy". This is how car companies bend the wrist of the government here.

    • HisStigness HisStigness on Jan 04, 2017

      You admire that GM got off with a slap of the wrist and a relatively small fine for killing people, yet people want blood from VW because their cars emitted slightly more than they were supposed to? They want their cars bought back despite the fact that they have performed exceptionally well and gotten them even better miles per gallon than what they were supposed to. I know that's because of the defeat device, but my point is they suffered no real loss other than perhaps diminished trade in value, but if they haven't sold their car they haven't suffered a loss.

  • Turbo Is Black Magic Turbo Is Black Magic on Jan 04, 2017

    Do we have to reuse the same VW photo over and over again? Since it's a story about the EU trying to squeeze VW for cash why not a Broom yellow GTD pic.

  • Dave M. IMO this was the last of the solidly built MBs. Yes, they had the environmentally friendly disintegrating wiring harness, but besides that the mechanicals are pretty solid. I just bought my "forever" car (last new daily driver that'll ease me into retirement), but a 2015-16 E Class sedan is on my bucket list for future purchase. Beautiful design....
  • Rochester After years of self-driving being in the news, I still don't understand the psychology behind it. Not only don't I want this, but I find the idea absurd.
  • Douglas This timeframe of Mercedes has the self-disintegrating engine wiring harness. Not just the W124, but all of them from the early 90's. Only way to properly fix it is to replace it, which I understand to be difficult to find a new one/do it/pay for. Maybe others have actual experience with doing so and can give better hope. On top of that, it's a NH car with "a little bit of rust", which means to about anyone else in the USA it is probably the rustiest W124 they have ever seen. This is probably a $3000 car on a good day.
  • Formula m How many Hyundai and Kia’s do not have the original engine block it left the factory with 10yrs prior?
  • 1995 SC I will say that year 29 has been a little spendy on my car (Motor Mounts, Injectors and a Supercharger Service since it had to come off for the injectors, ABS Pump and the tool to cycle the valves to bleed the system, Front Calipers, rear pinion seal, transmission service with a new pan that has a drain, a gaggle of capacitors to fix the ride control module and a replacement amplifier for the stereo. Still needs an exhaust manifold gasket. The front end got serviced in year 28. On the plus side blank cassettes are increasingly easy to find so I have a solid collection of 90 minute playlists.
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