Case update

Mercedes

The Amsterdam Court of Appeal has now set a date for an appeal hearing. The hearing will take place on 17 June 2024 where we will challenge the court's decision. If we succeed, we can move forward in these proceedings. We are confident of a good outcome. Our expectation is that the court will take several months to rule. Of course, we will let you know when the court has ruled and what that means for the case.  

Renault

A hearing took place on 29 January 2024. At that hearing, the final formal requirements for admissibility of our foundation were reviewed. During the hearing, the judge asked to see the funding agreement that we entered into with the funder of this case. The judge is free to do so and we see that this is starting to become practice in more class actions. We presented our financing agreement and this has since been responded to by Renault. The judge has kept 10 April 2024 as a provisional date for the judgment. We do not expect that the content of the financing agreement will give the judge cause to have it modified and that - as in the collective action against Stellantis - we will be declared fully admissible. If that indeed happens, the substantive, substantive phase of the proceedings will begin. The first step will then be for the court to give Renault the opportunity to submit a defence. Renault will have three months to do so, so we expect that defence in July/August 2024. This will generally be followed by a hearing and the long-awaited (final) judgment. 

Stellantis

As we informed you earlier, the court has declared us fully admissible in our claims by judgment dated 20 September 2023. This means that the substantive, substantive phase of the proceedings now begins. We received Stellantis' substantive conclusion of reply on 6 March 2024. This is a voluminous document that is currently being studied. The court will now set a hearing date, which will be followed by the long-awaited (final) judgment. 

Thank you for your commitment to the Emission Claim Foundation and our collective action. If you have any questions or comments in response to this newsletter, please send them to Emission Claim Foundation via the known contact address info@emissionclaim.nl.

New developments

In our last update, we explained a ruling by a European court in a German case, which ruled that car manufacturers are directly liable for the damages they caused to you as a result of diesel fraud. 

Retrieved from 6 October 2023 the court in Den Bosch ruled that Volkswagen must pay 4400 euros in damages to a Dutch buyer of a so-called shoemel diesel. The court stated that the Volkswagen Passat purchased in 2012 was equipped with technology that reduced nitrogen emissions during laboratory tests, but was more polluting in normal conditions. The court further ruled that as a result of this "unfair trade practice", the car depreciated in value and now holds Volkswagen responsible for this. In practice, this means that Volkswagen must pay a fixed percentage of the purchase price (10%) as compensation for the decreased value. This reasoning follows exactly the line of argument that we also put forward in our claim, except that we believe that the percentage of the purchase price to be repaid should be higher than 10%. The ruling is therefore an important boost that offers hope for a positive outcome in our proceedings.

The scandal of Volkswagen's diesel cars with sham software first came to light in 2015. Since then, several judges have already ruled on compensation of 3,000 euros for a newly bought diesel car with the tampering software and 1,500 euros for a car bought second-hand. The October ruling was the fourth time Volkswagen has been ordered to pay compensation by the courts. Naturally, we keep a close eye on developments in the market and will keep you informed via these newsletters and via the website.

Mercedes

As we informed you earlier, the court has asked us to submit impediment dates so that a hearing can be determined. The court has now postponed determining a hearing date several times. It is frustrating that this process is so slow, but unfortunately it is beyond our control. As soon as the hearing date is known, we will of course let you know. 

Renault

As we informed you earlier, the court has set a hearing for 29 January 2024. At that hearing, the final formal requirements for admissibility of our foundation will be reviewed. Our foundation has been declared fully admissible in similar proceedings against another car manufacturer (Stellantis) by judgment dated 20 September 2023. We therefore expect that we will also be declared admissible in these proceedings against Renault. If we are indeed admissible, the substantive, substantive phase of the proceedings will begin. The first step will be for the court to give Renault the opportunity to submit a defence. We expect that defence by the summer of 2024. This will generally be followed by a hearing and the long-awaited (final) judgment. 

Stellantis

As we informed you earlier, the court has declared us fully admissible in our claims by judgment dated 20 September 2023. This means that the substantive, substantive phase of the proceedings now begins. The first step is for the court to give Stellantis the opportunity to submit a defence. They are expected to be given three months to do so. After the defence is filed, we expect a hearing to be set, which will be followed by the long-awaited (final) judgment. 

Imagine buying a brand new diesel car, convinced of its efficiency and compliance with emissions standards. Then you discover that car manufacturers have manipulated test results, making their diesel cars only seemingly meet emissions standards. The harsh reality? These cars emit far more pollutants than allowed, despite the illusion of compliance.

The result is worrying - your diesel car loses its value and becomes harder to sell. As the owner of such a car, you paid too much due to manufacturer manipulation. Does that sound unfair? It is, which is why you are entitled to compensation.

Are you eligible for compensation?

It's time to take action if you:

• Own or have owned a diesel car from Renault, Opel, Peugeot, Citroën, Mercedes, Dacia or DS;
• Lease or have leased a diesel car of these brands;
• Your diesel car was built between September 2009 and September 2019;
• Your diesel car was sold in the Netherlands, imported into the Netherlands and/or registered in the Netherlands with the RDW during the relevant period;
• A notification does for diesel compensation.

How can you make a claim?

Filing a claim is easier than you think. Go to emissionclaim.co.uk/ where you can apply easily and quickly. This platform is specifically designed to help diesel car owners get compensation for being misled by car manufacturers.

On this website, you will find detailed information about the process, required documents and steps to file a claim. Make sure you have all relevant documentation and information to hand, such as title deeds and purchase invoices.

Don't let the manipulation of car manufacturers go unpunished. Take control today and claim the compensation you deserve. This is not only an opportunity to get financial justice, but also to take a stand against unethical business practices that endanger the health of our planet.

Take matters into your own hands. Visit emissionclaim.co.uk/ and start your claim process today!

Why file a claim?

Besides recovering the extra costs you incurred by buying or leasing a diesel car that is more polluting than advertised, filing a claim also helps hold car manufacturers accountable.

Manipulating test results is a serious violation of consumer trust and environmental laws. By filing a claim, you not only help yourself but also add pressure on these car manufacturers to act more ethically and transparently in the future. This could lead to stricter controls and regulations, reducing the likelihood of such practices recurring in the future.

Have you ever bought a car, confident that you were making an environmentally responsible choice? Were you told that your diesel car met the strictest emission standards, only to discover later that the car manufacturers manipulated the test results? If so, you are not alone.

In a revealing series of revelations, investigators have discovered that several car manufacturers have manipulated the emission figures of their diesel cars to meet emission standards. In reality, these vehicles emit far more pollutants than allowed, despite the appearance of compliance with standards.

What does this mean for you as a diesel car owner?

These manipulations have made diesel cars worth less and harder to sell. As an owner, you have basically paid too much for a car that does not perform as promised.

Fortunately, there is something you can do. You are entitled to compensation because of the manufacturer's manipulation. But how do you know if you qualify?

Am I eligible for compensation?

You are eligible if you meet the following criteria:

• You own, or once owned, a diesel car of the following makes: Renault, Opel, Peugeot, Citroën, Mercedes, Dacia, DS.
• You lease or have leased a diesel car of these brands.
• Your diesel car was built between September 2009 and September 2019.
• Your diesel car was sold in the Netherlands, imported into the Netherlands and/or registered in the Netherlands with the RDW during the relevant period;
• You make an application for compensation.

Clearly, many people have been affected by this scandal. The question now is, how do you claim compensation?

How can I claim compensation?

The process of claiming compensation is easier than you might think. Go to emissionclaim.co.uk. Here you will find all the information you need to submit your claim.

You will be asked to provide supporting documents, such as ownership documents or lease contracts proving that you bought or leased one of the diesel cars in question within the specified period.

Soon you will be able to claim the amount you overpaid for a car that did not meet promised emission standards.

So if you have ever bought a diesel car confident that it met emissions standards, don't be discouraged by the car manufacturers' manipulation. Claim your diesel car compensation and make your voice heard!

Take back control of your situation and make sure you get what you are entitled to. It is high time the car manufacturers involved in this manipulation of emissions tests were held accountable.

Why is it important to take action?

As a consumer, it is important to claim your right to compensation, not only for yourself, but also to show that companies cannot break the rules with impunity. This goes beyond just getting your money back; it is also about the principle of fairness and responsibility. Car manufacturers who use fraudulent practices should understand that their customers are not blind to this and that there are consequences for such actions.

It is also important to stress that this kind of behaviour is harmful to all of us. It contributes to environmental pollution and climate change, which we are all trying to fight.

Renault

At the court's request, Renault took a deed at the final formal stage of these proceedings on 26 April 2023. The court subsequently determined that the hearing will take place on 29 January 2024. Based on this hearing, the court will determine whether there is sufficient cause and basis to continue the proceedings. This is therefore not yet a final judgment

The court had already ruled at the interlocutory judgment on 1 February earlier this year that, based on the number of car owners who registered with it, Emission Claim Foundation was sufficiently representative to be allowed to represent the group of duped Renault car owners. Emission Claim Foundation also views this latest formal step with confidence.  

After this final formal phase, the substantive phase of the proceedings will finally begin. It will be concluded with a settlement or a final judgment. Naturally, we will keep you informed of the proceedings through these newsletters.

Mercedes

On 14 March earlier this year, Mercedes and the Dealers replied in writing to Stichting Emission Claim's summons on appeal. In doing so, Mercedes also filed its own appeal against the district court's ruling, which focuses mainly on the jurisdiction of the Dutch court.

On 23 May 2023, Emission Claim Foundation replied in Mercedes' appeal, explaining (again) that the Dutch court does have jurisdiction to decide this dieselgate case. All parties subsequently requested a hearing.

We now await the court's date setting. We expect the hearing to take place between October and December 2023. Of course, we will keep you updated on the proceedings through these newsletters.

Stellantis

The Court ruled on 16 August 2023 that Emission Claim Foundation is sufficiently representative to act on behalf of its supporters. In addition, the Court ruled that Emission Claim Foundation is deemed capable of adequately representing the interests of victims in the proceedings that the Foundation has brought against car manufacturer Stellantis. In the next phase of the proceedings, the court will consider the fraud that Stichting Emission Claim accuses Stellantis of.

This means a substantive hearing for the damages suffered by aggrieved owners of diesel vehicles of the Peugeot, Opel and Citroën brands due to the presence of sham software in their cars. This will be finalised with a settlement or judgment. Of course, we will keep you updated on the process progress through these newsletters.

International developments

The European court issued another important ruling in a German case brought by a consumer against Mercedes on 21 March 2023, further supporting our proceedings.

Emission Claim Foundation believes that the damages caused by the emissions software fraud should be recovered from the party responsible for that fraud: the car manufacturer. In its ruling of 21 March 2023, the European Court of Justice held that the EC type approval, which the manufacturer provides to the buyer for each vehicle, creates a direct relationship between the car manufacturer and the individual buyer of a motor vehicle that gives that buyer the assurance that this vehicle complies with the relevant Union legislation, including emission standards. This ruling therefore means that the defence that the car manufacturers did not sell the vehicles directly to the buyers (this is done through their dealer network) is off the table and the way is open to recover damages suffered directly from the car manufacturers. The court further held that the member states did not make it impossible or extremely difficult to obtain such compensation.

Whether the relevant vehicle for which compensation is claimed is equipped with a prohibited manipulation device is for the national court to determine. However, in an earlier ruling on 14 July 2022, in a dispute between a number of Austrian consumers and Volkswagen (Porsche), the European Court has already ruled that a so-called 'thermal window', which switches on the emission-reducing software only when the outside temperature is between 15 and 33 degrees Celsius, constitutes a prohibited manipulation device. Emission Claim Foundation believes that all participating diesel vehicles in these proceedings were equipped with such a thermal window, among other things.

This recent ruling thus confirms that the car manufacturers are directly liable for the damages they caused to you as a result of the diesel fraud. We will keep you informed of further interesting developments through this newsletter and press releases.

Recently, the court in Haarlem ruled that an owner of a Volkswagen Golf TDI was entitled to compensation of €3,000 due to the use of tampering software in the vehicle. A similar ruling was made in Groningen, in which Volkswagen was ordered to pay damages to an owner of a Volkswagen Polo.

These rulings provide important support for our proceedings, as they confirm that car manufacturers are liable for deliberate violation of emissions rules and are obliged to pay damages to owners of diesel vehicles.

Earlier, the European Court ruled that the use of software that limits the effectiveness of emission cleaning systems is prohibited. Recently, the European Court also ruled that violations of these rules entitle car owners directly to damages from the car manufacturer. This increases the chances of a successful outcome of proceedings against car manufacturers such as Renault, Peugeot, Opel or Citroën.

We will keep you informed of further developments in the case. In this context, we would like to remind you that the court has given Renault the opportunity to respond to the judgment handed down in early February. The deadline for Renault's response has been set at 26 April 2023. Once we have received and studied Renault's response, we will of course inform you further.

If you have any questions about the information provided, please contact us at the following e-mail address: info@emissionclaim.nl

Green light from the court:

We are pleased to inform you that last week the court in Amsterdam gave the green light to our action against Renault. The interim judgment recently published is positive for our case and an important step forward in our proceedings.

Jurisdiction of the court

Given that Renault has its headquarters in France, the court had to determine whether a Dutch court has jurisdiction to hear the claims against a foreign party. Fortunately, this is the case, and that is of great importance, as the court cannot make decisions without jurisdiction.

Supporters of Emission Claim Foundation

Nearly 8,000 aggrieved people have now registered with Emission Claim Foundation. The court considers this large number sufficient to recognise the foundation as a collective advocate. Currently, we seem to have the largest constituency of all the foundations involved in this case. Following last week's verdict, the number of victims represented by our foundation is expected to increase further, as the opportunity for collective compensation approaches.

Old or new right of action

The case can be brought in two ways: under the old collective action law or the new action law. The court determined which law applied to the case. Since the claims relate to sham software developed before 15 November 2016, the court opted for the old right of action. For you as an aggrieved person, this makes no difference, but it does make the work of our lawyers a little more complex.

Further steps

Even under the old action law, it is possible to obtain a class action declaration establishing Renault's wrongful conduct. Using this declaration, we can reach a settlement with Renault to compensate you for the alleged damages resulting from the alleged software fraud. The court has now given Renault the opportunity to respond to the recently published judgment. The deadline for Renault's response has been set for 26 April 2023. Once we have received and studied Renault's response, we will of course inform you further.

If you have any questions about the information provided, please contact us at the e-mail address info@emissionclaim.nl.

Background information

Last summer, Emission Claim Foundation was the first to file a writ of summons against Renault. In the following period, two other initiatives applied to the court with similar claims. To structure the proceedings, the court decided to divide them into three phases. The first two phases deal with procedural issues, while the last phase is reserved for the substantive hearing of the claims. A detailed overview of the issues per phase can be found in the court's rolling decision of 23 March 2022.

Developments

On 8 December 2022, the hearing took place for the first, formal phase. This phase dealt with the following issues: the international jurisdiction of the court to hear the claims (jurisdiction), whether the new law of action (the WAMCA) or the old law of action (the WCA) applies, and whether the three foundations involved have a sufficiently concrete constituency to act as representative collective advocates.

Further proceedings

Judgement for the first hearing is expected on 8 February 2023, although this date may be postponed depending on the court's schedule. Following the judgment, the second formal phase will commence. Among other things, this phase will assess whether the claimants meet the other admissibility requirements imposed on collective advocates. Emission Claim Foundation is confident about this phase and will inform you further once the judgment has been rendered.

If you have any questions about the information provided, please contact us at the e-mail address info@emissionclaim.nl