Musterfeststellungsklage against VW: questions and answers – Auto & Mobil

Anyone who has purchased some diesel models from Volkswagen can now participate in the model declaration action. The most important questions and answers.

Volkswagen diesel customers in Germany can now join the action in model declaration against the group. This is the first case of using the new instrument. Customers no longer complain individually against a company, but meet under the direction of an badociation.

Who is suing who?

In this case, the Federal Association of Consumer Defenders (VZBV) complains of Volkswagen and the ADAC. The Higher Regional Court of Braunschweig must determine whether consumers of VW diesel diesel cars affected by the exhaust gas scandal are entitled to compensation.

For whom can the reporting template make sense?

According to the VZBV director, Klaus Müller, this is particularly useful for the concerned diesel drivers who do not want to act against VW in one action: "Many damaged diesel drivers do not have the time, the will to take risks, but may not want to pay individually sued Volkswagen. "The VZBV bears the risk of process. He complains on behalf of those affected by the diesel scandal against Volkswagen.

What are the benefits of joining the trial instead of waiting for the verdict?

Anyone who joins the prosecution now prevents their case from being prescribed. It would be so far with some affected already by the end of 2018. In this case, the diesel pilots would then have nothing to gain if the pursuit in determining the configuration succeeded. Anyone who does not individually sue VW or does not participate in the clbad action may not subsequently avail himself of the verdict of the designation claim.

How do I know if my case matches the model claim?

Buyers of Volkswagen, Audi, Seat and Skoda vehicles can participate with a VW EA189 diesel engine, for which a reminder has been issued. You can not log in if you rented the car or if you had it as a gift. According to VZBV, it does not matter if customers have already had a software update of their car or not. The VZBV also offers on its website a "lawsuit procedure" allowing diesel drivers to determine whether they are in principle entitled to sue Volkswagen.

Does it cost anything to join the model costume?

On the side of the Federal Office of Justice, victims can register in a register and thus join the trial. Registration does not cost anything, inform the VZBV for free. The members of the ADAC receive an initial consultation covered by the members of the procedure.

Until when is it necessary to register?

According to the Federal Office of Justice, you can in principle register with the Oberlandesgericht Braunschweig until one day before the start of the first appointment. This appointment will be announced "on time on the website of the Authority". It makes sense to register as soon as possible. Then the Federal Office sends a confirmation by mail to registered consumers. Negotiation can only begin if at least 50 people register in the register within two months.

If the trial succeeds, will I receive money from Volkswagen?

In the case of a designation claim, the court can only determine if there is damage. He does not decide if and how much money the individual consumer receives. If the court makes a positive verdict to the plaintiffs, consumers may still have to enforce their claims for damages individually. The competent court is then bound by the judgment of the OLG Braunschweig or, as the case may be, the Federal Court of Justice.

When is there a verdict?

As this is the first model declaration action in Germany, there are no empirical values. The procedure begins first in the Superior Regional Court, where about two to three years can pbad before a decision is made. In certain circumstances, the proceedings must be brought before the Federal Court, which may take another two to three years.