Comparison burst: There is no agreement between VW and consumer protection groups. Both blame each other for failure. The development of a fraud diesel driver costs a lot of money.
The comparison of Volkswagen and diesel owners in the model determination procedure of the Federation of German Consumer Centers (vzbv) failed. Both sides argue about why no agreement was reached. Volkswagen claims that the reason is inadequate claims by vzbv lawyers. The association countered that VW had failed the negotiations. The losers are now the consumers. It is dear to fail.
Claims drop by hundreds of millions
Because now it goes to court. It will probably take years before a final judgment is reached. And every day the 460,000 fraud diesel drivers who joined the lawsuit cost cash. The Goldenstein & Partner law firm has determined that your claims for compensation are likely to drop by at least EUR 377 million. It represents more than 17,800 clients in the diesel scandal.
Attorney Claus Goldenstein describes how it will go on: “Now the Higher Regional Court in Braunschweig will most likely have to deal with the case again. The model declaratory action will probably go to the European Court of Justice (ECJ). Volkswagen itself therefore expects a final judgment in 2023 at the earliest . ” At least three years – in which the affected cars lose massive value.
Volkswagen does offer the participants in the model declaratory action a one-off payment – around 1,800 euros per person. However, Goldenstein finds only two words for this amount: unacceptable.
Sharp criticism of the sample creation process
He therefore does not share the hopes that have been linked from many sides with the new possibility of a model declaratory action. Goldenstein says: “Overall, we consider the sampling procedure to be a similarly serious fraud against German consumers as the manipulation scandal itself.” After the failure of the settlement negotiations, Volkswagen will drag the proceedings to the ECJ. However, more time could pass before the VW owners concerned are compensated, Goldenstein warns: “If the plaintiffs are ultimately right, they would have to go to court again against VW in order to receive their individual compensation.”
Goldenstein recalls that this involves almost half a million customers. The resulting wave of lawsuits would completely overwhelm the German courts and drag the process on for years. Not everyone affected will take on this burden – which is not a disadvantage for Volkswagen.
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