In the scandal surrounding manipulated diesel cars to come in Volkswagen, a new suit flood. The right service provider MyRight goes for more than 18.700 other owners of manipulated cars against the group in court. Today, Wednesday the legal action against VW should be submitted before the regional court of Braunschweig, told the MIRROR.
Thus, the legal platform of the Hamburg company, the financial right, the claims of diesel collects owners against VW, going to court, your first action one above. By the end of 2017, about 15,000 car had already called the owner about MyRight to the repayment of the purchase price of your manipulated VW Diesels. Along with the present suit, it is for the Wolfsburg-based company is now around € 1 billion, interest included.
Recent judgments, suits come MyRight in dispute with VW. Thus, the Augsburg regional court had decided in the meantime that already by the car owners, the number of kilometres driven on the back number purchase price would not need to be taken into account. This supports the argument of several prosecutors, the actions legally, in Individual or as MyRight, with its collection of claims against the carmaker to proceed. “From our point of view, the legal position of consumers has been strengthened,” said MyRight-co-founder, Jan-Eike Andresen on request.
In the new lawsuit, is accused of VW, due to the manipulations of the diesel engines and the real higher emission values than the group of the EU type-approval had lapsed. There is, therefore, “a relevant value-in-use of 0 Euro”, – stated in the 126-page lawsuit, which is before the MIRROR. MyRight required by VW for the replacement value of the vehicles in the amount of 412 million Euro plus interest.
New ammunition for the suit
the EU Commission and the force travel Federal office have been threatened, manipulated diesel would put cars at a standstill, if the holder refuse to update the software. The delivers all the action the new ammunition, as well as the increasing number of cities prohibited in the inside. Further arguments in the new suit of MyRight the detention of Audi CEO Rupert Stadler, as well as the fine of one billion euros, imposed by the public Prosecutor’s office in Braunschweig against VW.
The high number of new action-also shows that interest in the criminal payments continues to rise. The now of MyRight complaint includes all of the diesel owners who have just transferred in this year, of their claims to the service provider.
At the same time, the company has to get new competition: consumers now have a pattern for a declaratory judgment on the verbraucherzentrale Bundesverband open, supported by the ADAC. There, the plaintiffs want to see that VW has done to the diesel owners, in the wrong. You can get away with it, however, needs to ride each plaintiff for the respective damages. Apparently a fifth of the diesel-damaged, which represents MyRight in his new suit, the self-employed or smaller companies – you will not be able to use the consumer-targeted new claim form the pattern for a declaratory judgment.
if the action success, MyRight range around 30 percent Commission once. This fairly new Form of legal dispute, facilitating claimants without legal protection insurance the corridor in front of court, is under attack. Especially VW is not criticised, that the assignment of claims was legally permissible. For the first claim, MyRight argue, therefore, even with the Braunschweig court.
The company had filed a bias complaint against the Braunschweiger judge, she had put critical questions to the financing of the legal service provider. She had said that question could be, how effective the VW owners had assigned their claims. This would have given VW unjustified ammunition, so the criticism of MyRight. Yet this aspect of the dispute is not decided.