e ine billion euro penalty for VW – and what do consumers have of it? Actually, one does not follow much Klaus Müller, head of the Federal Association of Consumer Organizations (VZBV): “In principle, it is to be welcomed that it is obviously finally begun to hold Volkswagen accountable for the fraud,” he said on Thursday. For the owners manipulated diesel, however, does not change anything with it: “So far they are alone with their damage.”
That the owners were damaged, one can hardly doubt. With threatening – or as already introduced in Hamburg – Driving bans on the horizon fall the resale prices of diesel used cars. Not only private persons, also used car dealers are getting rid of diesel harder and harder. the According to DAT’s current diesel barometer used diesel cars are currently around 100 days at the dealers, comparable gasoline cars sell after 81 days.
But the fact that consumers are sitting on their damage is not settled. Because just on Thursday decided the Bundestag the law on the designation suit. This is generally intended to put consumers in a better position in legal disputes with companies. But it is also in many parts a law specifically for customers damaged by VW.
Ambitious schedule
That’s why Justice Minister wanted Katarina Barley (SPD) also absolutely that the law comes into force on November 1 of this year – because at the turn of the year it is three years ago that the US Environmental Protection Agency (EPA) revealed the exhaust fraud. Thus, the claims of damaged customers in Germany at the end of the year are time-barred.
The ambitious timetable even overwhelmed its own politicians of the Grand Coalition, who were able to agree on a final report in the Economic Committee only at the last minute. At times, therefore, was on Wednesday evening, the decision in the Bundestag on the loose. With the decision of Thursday, the possibility of action now comes as planned.
At least 50 people must be affected
The central idea of the new law is that damaged consumers do not have to sue themselves, but associations that do it for them. They have to deal with the cases of at least ten consumers and make them believe that they have been wrongly harmed. On this basis, the court decides whether the action is admissible.
If the court considers the claim to be admissible, it will be made public and will file a complaint Federal Office of Justice which all the consumers concerned can register. If at least 40 other individuals have registered in the registry within two months, the process will start.
Companies have to pay voluntarily when declaring a judgment
After taking evidence and negotiating, plaintiff association and companies can conclude a settlement, as is customary in civil litigation. Thus, for example, any consumer entered in the register of claims could receive a certain sum as compensation. If the parties can not agree on a settlement, it is foreseen that the court may issue a verdict.
However, such a judgment would not involve a payment title – that is, the defendant company would have to follow the verdict of its own accord. If that does not happen, then those affected must assert their claims for damages by means of a subsequent individual claim. Consumer advocates criticize this and demand binding judgments.
Environmental aid must not complain
Dispute also ignites the question of which associations are entitled to action. You must have been on the list of associations for at least four years who are already allowed to file injunctions. In addition, they must have at least 350 members. Add to this a number of European consumer protection associations.
These conditions fulfill, for example, the consumer Organizations the countries. However, it does not fulfill the German environmental aid, which drives numerous communities with lawsuits on driving bans in front of him. Consequently, the non-governmental organization criticizes the law as a “law against action” and “sham” in favor of corporations.
Despite the deficiencies in the law – from the point of view of consumer advocates – it is foreseeable that a lawsuit against VW will be filed on the basis of the new law. What compensation is awarded to buyers of manipulated diesel vehicles, remains to be seen, but they will not stay at their expense.