New Dutch law allows mass claim against Volkswagen over Dieselgate

DutchNews, March 17, 2020 - By Robin Pascoe 

Photo: Depositphotos.com

A Dutch foundation is taking car maker Volkswagen to court on behalf of 8.5 million car owners to demand compensation for manipulating emissions tests in the Dieselgate scandal. 

The Diesel Emissions Justice Foundation is taking advantage of new legislation in the Netherlands allowing mass claims and giving plaintiffs the right to go to court if the company concerned refuses to reach a settlement. 

Robert Bosch, the company which developed the software used to fiddle the emissions reports, car importer Pon and a number of Dutch car dealers are also named on the legal documents. 

In autumn 2015, Volkswagen admitted that it had sold 11 million cars worldwide with secret ‘defeat device’ software that ensured it would pass emissions tests in a laboratory, while the cars emitted higher levels of pollution on the road. 

‘This law offers access to justice for millions of injured customers, both within and outside the Netherlands,’ said the foundation’s managing director Femke Hendriks in a statement. ‘Volkswagen has rejected our invitation to engage in negotiations, which compels us to go all the way.’ 

The car company’s actions, she said, had caused ‘tremendous harm’ to consumers, the environment and public health. ‘It is time for Volkswagen to be presented with the bill for its fraudulent actions across Europe.’ 

Fines 

Volkswagen has already paid billions in damages and fines as a result of legal proceedings in the US, Australia, Canada and South Korea but has largely escaped in Europe. 

In February the company agreed to pay out €830m to 400,000 drivers following a case brought by German consumer groups. 

‘This is the first time that Volkswagen has taken responsibility for its actions in Europe and is attempting to dispel the past, although only for a small part of affected consumers and for relatively small amounts,’ Hendriks said. 

In 2017, the Dutch consumer and markets association fined Volkswagen €450,000 for ‘unfair commercial practices’ for advertising cars as eco-friendly ‘while the results of emission tests had been manipulated by illegal software.’ 

No basis 

Volkswagen told DutchNews.nl in a reaction that when the case starts, Volkswagen will defend itself, ‘as it believes there is no basis for the compensation of damages or other remedies for consumers in the Netherlands’. 

‘Our customers in the Netherlands have not suffered any loss or damage, as all cars can be used in traffic and are safe,’ the statement said. ‘They are still driven by more than a hundred thousand customers every day. All necessary approvals are valid and in place. For these reasons, we see no legal basis for customer complaints. This new initiative does not change this position.’

Luxembourg becomes first country with free public transport

Yahoo – AFP, Catherine KURZAWA, February 29, 2020

Private cars are the most used means of transport in Luxembourg, but the government
is hoping to change that with the new free ride policy (AFP Photo/JEAN-CHRISTOPHE
VERHAEGEN)

Luxembourg (AFP) - Luxembourg on Saturday became the first country in the world to offer free public transport, as the small and wealthy EU country tries to help less-well-off workers and reduce road traffic.

Some cities elsewhere have already taken similar, partial measures. But the transport ministry said it was the first time such a decision covered an entire country.

The free transport, flagged as "an important social measure", affects approximately 40 percent of households and is estimated to save each one around 100 euros ($110) per year.

Not all passengers were aware of the change, which was brought forward one day ahead of schedule.

"It's free? I didn't know," said a woman in her 50s who gave her first name as Dominique as she waited at Luxembourg's main train station.

Transport workers were concerned about what impact the measure would have on their job security.

"We don't yet know" what will happen to their positions, said one ticket seller at the station who declined to give his name.

"All the public transport workers are worried. It's not yet clear."

Traffic woes

The measure is part of a plan intended to reduce congestion.

Private cars are the most used means of transport in the Grand Duchy, accounting for 47 percent of business travel and 71 percent of leisure transport.

Luxembourg has invested in its public transport network, but commuters complain
it is still patchy (AFP Photo/JEAN-CHRISTOPHE VERHAEGEN)

With more than 200,000 people living in neighbouring France, Germany and Belgium who work in Luxembourg and most of them driving in, that makes for major traffic jams at peak hours.

The population of the tiny country is just 610,000 and those cross-border workers account for half the total employees.

The capital city of Luxembourg has invested in its public transport network, notably by building a tram network, but commuters complain it is still patchy.

It will be some years before the network links to the northern airport, for instance.

"There's been an enormous delay to the development of public transport," said Blanche Weber, head of the Luxembourg Ecological Movement pressing for better links on environmental grounds.

"Systematic and continuous investment is a sine qua non (essential) condition for promoting the attractiveness of public transport," admitted transport minister Francois Bausch.

Sales of tickets on the domestic network -- which cost two euros per journey -- previously covered just eight percent of the 500-million-euro cost of running the transport system. That shortfall will now be met from the treasury.

Ticket machines are to be gradually removed from stations, but offices selling tickets for international train trips and for first-class seating in Luxembourg -- which continues to be a paying service -- will remain.