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.

The proceedings finally and validly concluded at the certification stage.

1st STAGE
  • Decision of the Court of Appeals in Warsaw 6th Civil Division of 2nd October 2018, VI ACz 537/18 – dismissing the claimant’s complaint against the Decision of the Regional Court in Warsaw 3rd Civil Division of 27th November 2017, III C 1310/16
  • Decision of the Regional Court in Warsaw 3rd Civil Division of 27th November 2017, III C 1310/16 – rejecting the statement of claims
  • The Regional Court in Warsaw 3rd Civil Division, III C 1310/16 – hearing of 13th November 2017 – adjourning the publication of the judgment until 27th November 2017
  • Statement of claims filed on: 5th October 2016