November 1st and with it the possibility of a model declaratory action are getting closer. Consumer advocates and the ADAC want to file a lawsuit against VW at this time.
Dhe Stiftung Warentest has encouraged VW customers affected by the emissions scandal to join the first model declaratory action against the car manufacturer. Hundreds of car owners have “successfully prevailed against VW” in court, but consumer-friendly fundamental judgments are still being prevented through comparisons. The foundation said this on Tuesday in a pre-registration for the new edition of its magazine “Finanztest”.
“Anyone who has shied away from the hassle of filing their own lawsuit now has an easy way to get his right,” says legal expert Christoph Herrmann. On November 1st, a law comes into force with which consumers, represented by associations, can take a joint action against a company in court by means of a so-called model declaratory action.
So far, injured customers have had to enforce claims individually and at full cost risk. The government had set itself the goal of initiating legal action in good time so that possible claims by diesel owners against Volkswagen do not expire.
The Federation of German Consumer Organizations (vzbv) and the ADAC want to jointly file a model declaratory action against Volkswagen on the day of the new law. In the event of a positive declaratory judgment, consumers must then enforce their claims individually.
Editor’s note: In an earlier version, the teaser said that Stiftung Warentest wanted to file a lawsuit against VW. That is not right. Instead, the Federation of German Consumer Organizations and the ADAC are planning this lawsuit. Please excuse the mistake.