VW diesel affair: settlement offer within the scope of the model determination procedure
In the so-called VW emissions scandal, the Federation of German Consumer Organizations (Verbraucherzentrale Bundesverband) and the German Automobile Club (ADAC) made use of the possibility of a model declaratory action, which was newly created at the end of 2018. In these proceedings, which were conducted before the Higher Regional Court of Braunschweig, injured VW customers were able to register and thus benefit from the positive effects of this type of proceedings. In the meantime, a settlement has been reached in the course of the proceedings, from which consumers can now also receive a settlement amount. In this case, consumers have been receiving letters from VW since March 20, 2020, in which the possibility of an amicable settlement of the dispute through a settlement agreement is pointed out. According to media reports, amounts of between €1,350 and €6,257 are on the cards – depending on the model – with the individual offer corresponding to around 15% of the actual purchase price.
Concerning the comparison proposal that customers will now be sent between 20/03/2020 and 20/04/2020, the following information in brief:
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The Settlement may be entered into as of 03/20/20 at a website or telephone number established for this purpose.
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The offer is valid only until 20.04.2020.
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The money should be in the customer’s account no later than 12 weeks after expiry of the 14-day cancellation period.
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Volkswagen will cover the costs of an initial legal consultation up to 190 euros (net). This only applies if the settlement is subsequently accepted. The consultation must have taken place in the period 02.03.2020 to 20.04.2020 and must relate to the conclusion of a settlement. If you are interested in concluding a settlement, we can provide you with an initial consultation on the basis of the letter from VW.
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An ombudsman’s office will be established for disputes.
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Those who do not wish to accept the offer or have not received an offer have at least six months from the end of April 2020 to take individual legal action against VW, if necessary.
This applies not only to VW customers, but also to other vehicles from the group (such as Seat, Skoda, Audi) in which the affected engine type was installed.
For further details, we will be happy to advise you at our office in Schweinfurt. We have led a large number of cases in the so-called VW emissions scandal to a positive outcome for our clients and provided advice in the context of the model determination proceedings.
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Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV