"Mud battle" for diesel comparison

Actually, it should be a matter of quick money for the plaintiffs. But after the failure of their diesel talks, consumer advocates and VW overdo each other with allegations. The car manufacturer's one-sided "direct comparison" remains highly controversial.

Braunschweig / Berlin (dpa) - Volkswagen wants to compensate the diesel customers from the model lawsuit on its own - but the surprising step raises many questions. Consumer advocates urge you to take a close look before you accept an offer.

After the group declared the talks with the Federal Association of Consumer Centers (vzbv) failed on Friday, vzbv boss Klaus Müller even spoke of another fraud - the second after the exhaust gas manipulations. The car maker, on the other hand, emphasized that its one-sided offer was in the interests of the customers. The current state of the dispute:

The offer - money for VW diesel drivers, but for which ones?

From Volkswagen's point of view, only diesel customers registered in the model declaratory action can accept the Group's offer. Depending on the individual case, you should receive between 1350 and 6257 euros. On average, each model plaintiff accounted for around 2000 euros with a total compensation sum of up to 830 million euros. On an information page on the Internet, VW is advertising to customers to accept the "uncomplicated offer".

Consumer advocates, on the other hand, warn of a premature decision. On Monday, the association demanded that VW take into account not only the participants in the model lawsuit, but all damaged diesel drivers: "Instead of a few hundred thousand, millions of defrauded consumers could benefit from compensation payments." However, it is doubtful whether this would be legally possible and financially feasible. The exact way in which payments are processed has not yet been determined. VW is working "under high pressure" on a platform that should be activated at the end of March.

The alternative - continue processing with opportunities and risks

Consumer advocates fear that VW could take advantage of individual compensation more cheaply than in the case of a formal settlement in court. The control options are also limited. In essence, this was the reason for the failure of the talks: VW was "not ready for transparency and security measures" when processing the payments. The group counters: the association was even accommodated here - the conflict was more about the fees paid by lawyers who were supposed to organize the handling.

It is difficult to say what consumers should do now. VW points out that customers who accept the "direct comparison" will receive a one-off payment quickly and easily. "Or you wait for the verdict in the lengthy sample assessment procedure and then go into your own follow-up procedure with an uncertain outcome," says the information website. The vzbv accuses VW of wanting to keep its efforts low with this strategy. "We'll see each other again in court," said Müller to the "Handelsblatt". The lawsuit continues, and consumer advocates are waiting for a new trial date. In the end, the diesel drivers could possibly get a higher sum than with the Volkswagen range.

Waiting for the basic judgments

An upcoming date apparently played a central role in the sudden termination of the negotiations: On May 5, the Federal Court of Justice (BGH) hears the lawsuit of a VW diesel buyer who, regardless of the model lawsuit, had initiated a lawsuit. A fundamental decision is expected that could influence the jurisprudence of numerous regional and higher regional courts in similar lawsuits across the country.

Up to now, VW has often been prepared to compare itself relatively generously with customers in individual proceedings that threatened to reach a high level of authority. Deutsche Umwelthilfe emphasized that the European Court of Justice would also soon make a fundamental decision on the admissibility of shutdown systems in the exhaust gas cleaning of diesel cars. Consumers would have to consider whether they really wanted to settle all claims against VW.

Who put pressure on whom?

VW and consumer advocates blame each other for the end of the negotiations. Here is a statement against a statement. Group circles say that the vzbv has built up pressure at short notice. Müller told the "Handelsblatt", however, that the bursting was a "gross foul" by VW. They only learned about it from the media after VW had previously agreed to it. The result is now a "mud fight against our lawyers". Volkswagen, however, presents the processes of the previous week in the background in a completely different way.

Info page from Volkswagen for "direct comparison"