German court opens proceedings in Volkswagen diesel emissions lawsuit

30 September 2019, 15:38

The lawsuit against Volkswagen has been brought in a German court
The lawsuit against Volkswagen has been brought in a German court. Picture: PA

By Megan White

A court has opened a class action suit against Volkswagen in which almost half-a-million customers aim to establish the right to compensation over the diesel emissions scandal.

The case, brought by the Federation of German Consumer Organisations in Germany, was prompted by the scandal over Volkswagen's use of software to turn emissions controls off when vehicles were not being tested, which was discovered in 2015.

It uses new rules enacted last year which could enable 470,000 car owners to claim compensation in separate proceedings.

The Braunschweig state court declared the suit admissible as proceedings opened, news agency dpa reported, but suggested that the plaintiffs have plenty of work to do to prove their case.

The proceedings in Braunschweig, which encompass cars made by the Volkswagen, Audi, Seat and Skoda brands fitted with EA 189 diesel engines that were bought after November 1 2008 and later affected by a recall, are meant to establish only whether the company acted illegally.

Presiding Judge Michael Neef suggested that the two sides could consider a settlement, saying it is “very difficult, but possible,” while Volkswagen has said it is hard to imagine in this case.

Mr Neef said his court would have to consider whether vehicle owners suffered damage from the emissions-cheating software itself or from bans subsequently imposed on driving older diesel cars in some areas.

The cars continued in most cases to be used, he noted.

In a separate case, prosecutors last week announced charges of market manipulation against Volkswagen chief executive Herbert Diess and board chairman Hans Dieter Poetsch, as well as former chief executive Martin Winterkorn, arguing that they deliberately informed markets too late about the huge costs to the company that would result from the scandal.

Volkswagen rejects the allegations and is backing Mr Diess and Mr Poetsch.

Latest World News

See more Latest World News

Russia bombed Ukrainian infrastructure overnight

Russia launches 'massive attack' on Ukraine's power supplies, with 'energy security under growing threat'

South Africa Bus Crash

Girl, 8, the sole survivor as 45 die in bus crash off South Africa bridge

A spokesman has denied reports the sausage dog could be banned.

The wurst news is over: Germany denies claims of sausage dog ban

Israel Palestinians Britain Aid

UN top court orders Israel to open more land crossings into Gaza

Greece Confidence Vote

Greece’s government survives no-confidence motion called over rail disaster

Israel Palestinians UN Security Council

Russia ‘abolishes’ monitoring of sanctions on North Korea with UN veto

Firefighters at the scene of a bus crash in Limpopo

Bus falls from bridge in South Africa and erupts into flames, killing at least 45 and leaving child, 8, as lone survivor

Music-Green Day UN

Green Day to headline UN-backed global climate concert

Sam Bankman-Fried

FTX founder Bankman-Fried sentenced to 25 years in prison for crypto fraud

France Valentino

Former Gucci designer Alessandro Michele named Valentino creative director

Russia Shooting

Russia arrests another suspect in concert hall attack that killed 143

American Easter egg

White House’s annual Easter egg roll to be attended by 40,000 people

Barbers in Paris

Proposal to ban discrimination over a person’s hair passes first legal hurdle

Mahmoud Abbas

Palestinian Authority names new government following pressure to reform

Arvind Kejriwal

Opposition leader Kejriwal locked up for further four days, court rules

Resident clears rubble from home

Russia wears down Ukrainian defences with missile and drone attacks