Consumers vs. Volkswagen (the so-called Dieselgate)

Consumers – Volkswagen make vehicle users – vs. Volkswagen AG

Action for payment of compensation for damage caused to group members as a result of the defendant selling to group members: 1) defective vehicles (these vehicles have obtained approval certificates as a result of illegal activities) and 2) vehicles that do not comply both with the technical specifications available to the group members at the time of purchase and with the applicable emission standards.

As a result of the defendant’s actions, the group members received vehicles differing from those presented at the time of purchase, producing exhaust fumes many times exceeding the emission standards, while bringing each of the vehicles to comply with the specification in force at the time of purchase is a cost of PLN 30,000.00, which is the amount of damage incurred by each member of the first subgroup. Whereas, for each member of the second subgroup, the claimant demands payment of PLN 15,000.00 as compensation for the damage.

1st STAGE
  • Decision of the Court of Appeals in Warsaw 1st Civil Division of 15th December 2022, I ACz 689/22 – amending the decision of the Regional Court in Warsaw 3rd Civil Division of 27th November 2017, III C 1310/16, by refusing to reject the lawsuit
  • Decision of the Supreme Court of 12th May 2022, II CSKP 1506/22 – reversion of the decision of the Court of Appeals in Warsaw 6th Civil Division of 2nd October 2018, VI ACz 537/18, and remitting the case to the Court of Appeals for rehearing
  • Decision of the Supreme Court of 28th April 2022, I CSKP 94/21 – establishment of a new group representative and resumption of the suspended proceedings
  • Decision of the Supreme Court of 19th December 2019, I CSK 365/19 – acceptance of the cassation complaint for examination (new file reference no.: I CSKP 94/21)
  • Statement of claims filed on: 5th October 2016