Hundreds of thousands of diesel customers can hope for a faster decision in the prototype case against Volkswagen. The chairman of the Higher Regional Court (OLG) of Brunswick, Michael Neef, called on the VW Group to seriously consider settlement negotiations. By the end of the year, both parties should announce whether they are considering discussions about an agreement.
Thus, the sample claim of the Verbraucherzentrale Bundesverband (vzbv) for some 445,000 diesel customers who demand compensation for damages from VW due to manipulated emission values, is picking up speed. The Verbraucherzentraleverband reaffirmed its willingness to negotiate. A VW spokesman said: "So far, a comparison is hard to imagine." However, if there was clarity about which and how many customers filed claims, the company would scrutinize whether discussions are workable.
In September 2015, VW had admitted to tests by authorities in the US manipulation of the emissions of diesel cars. The software of certain engines was set so that in actual operation on the road significantly more toxic nitrogen oxides (NOx) were emitted than in tests. Many customers felt cheated and either sued individually or joined the pattern-finding suit.
Use of the car is expected to be charged
In fact, the number of customers registered with the Federal Office of Justice who are claiming against VW is still unknown. There have been around 445,000 applications, Judge Neef said. At the same time, however, there are about 77,000 redemption statements. Among them may be individual statements in which each waive several thousand consumers. Neef announced that it would call on the Federal Office for a quick clarification. Both parties emphasized that the complete register extract was essential for meaningful discussions.
In terms of content, the second day of the hearing also dealt with the difference between contractual breaches of duty and so-called tortious breaches of duty. In the first category, the Senate held that claims for damages should be difficult, because most customers had concluded their purchase contract not with the group, but with individual dealers. Judge Neef also reiterated his view that plaintiff customers had to be prepared to pay compensation for the use of the car.
The court did not yet position itself in the allegation of intentional immoral damage due to fake diesel exhaust emissions. However, the fact that Neef spoke about numerous OLG judgments in favor of consumers was interpreted by the plaintiffs as a success. For a possible third trial date, the Senate position on a possible fraud is therefore eagerly awaited.
