Diesel scandal: VW and consumer advocates are already haggling over the compensation of 400,000 customers

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400,000 customers can now hope for compensation.

(Photo: AFP)

Dusseldorf Volkswagen and the consumer association Discussions about an extrajudicial solution to the diesel dispute began. As the Handelsblatt learned from informed circles, there have already been several dates in which the parties to the dispute exchanged their arguments.

A comparison would see the approximately 400,000 customers of VW affect, who have joined the model declaratory action brought by the Federation of German Consumer Organizations (VZBV) and ADAC, It is about compensation for vehicles of the Volkswagen Group with the engine type EA189. For years, the carmaker had manipulated the diesel cars so that they emitted far more toxic emissions on the road than on the test bench.

VZBV submitted the model declaratory action directly when a new law entered into force on November 1, 2018. The instrument allows many potentially injured parties to gather behind a lawsuit. A total of around 450,000 people have registered with the Federal Office of Justice, but there have now been thousands of deregistrations. It is not clear how many buyers are ultimately entitled.

According to reports, around ten people are taking part in the negotiations, including VW chief lawyer Manfred Döss and VZBV boss Klaus Müller. The Volkswagen Group also competes with lawyers from the Freshfields Bruckhaus Deringer law firm.

The partners Martina de Lind van Wijngaarden and Hans-Patrick Schroeder are responsible for the consumer lawsuits. Representatives of the RUSS Litigation law firm are holding the talks for consumer advocates. These are Marc Rogert, Ralf Stoll, Ralph Sauer and Tobias Ulbrich. Upon request, neither VW nor the plaintiffs wanted to comment on the negotiations. Strict confidentiality has been agreed.

Duration of the talks unclear

How long the talks should last is not known. However, it is considered likely that VW and VZBV want to conclude by May 5, 2020. Then a first diesel case is negotiated at the Federal Court of Justice.

There is a certain risk for both sides: A consumer-friendly judgment would worsen the starting situation for VW. But signals from Karlsruhe could also have disadvantages for consumers.

Volkswagen had claims from customers in Germany vehemently rejected for a long time. Even as Michael Neef, presiding judge at the Higher Regional Court in Braunschweig, At the hearing in mid-November last year, when VW asked that a comparison be made in the interests of the customers, the Wolfsburg-based firm remained stubborn,

A comparison is hardly imaginable so far. The turnaround did not take place until early 2020. “The goal of VZBV and Volkswagen is a pragmatic solution in the interests of the customers,” it said in a joint statement.

It is uncertain what payments VW buyers can expect. In the United States VW usually paid amounts in excess of $ 10,000, in some cases even $ 40,000. Such amounts are utopian in Germany.

On the other hand, a few thousand euros on average are quite realistic, as numerous individual judgments and comparisons indicate. In total, VW is facing a new billion dollar burden.

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