VW faces lawsuits in Britain over emissions

European Court of Justice decision in Austrian case means vehicle owners in UK can act over standards

VOLKSWAGEN owners can take the firm to court in Britain over the emissions scandal, it has been confirmed after an EU court ruled in favour of Austrian consumers.

More than 90,000 people are involved in a lawsuit against the German car manufacturer over claims it installed software in millions of its diesel vehicles which “cheated” European emissions standards.

Now the European Court of Justice has confirmed that lawsuits can be brought by consumers in the country in which they purchased the car after the firm disputed the international jurisdiction of the Austrian courts.

Lawyers in the UK said that this “reinstated” what they had already known, but that it could put further pressure on the company.

In April, the High Court said the software installed in Volkswagens was a “defeat device”. Such devices mean that cars reduce harmful nitrogen oxide emissions when they sense they are being tested by a regulator.

VW had argued the software was not a defeat device and said it intended to appeal the High Court ruling.

A statement from the ECJ confirmed that Austrian customers can take the company to court in their home country over the scandal. Tony Winterburn, of SPG Law, said: “This reinstates what we as claimants in England have always known, that these cases were properly brought in England.”

Gareth Pope, of Slater and Gordon, said: “VW seem to be losing cases all across Europe in whatever arguments they are running. I don’t think they know what their strategy is.

“Ultimately they are going to have to pay these claims and I think they are arguing just for the sake of it.”

Aman Johal, of Your Lawyers, a consumer law firm, said: “The EU court ruling may add clarity for the UK’S class action, removing a possible defence for Volkswagen and adding more pressure on to the German carmaker.”

VW has not attempted to challenge the jurisdiction of UK courts.

The next stage of the argument will hinge on whether customers are due any compensation. Claimants’ lawyers estimated payouts could range from £1,000 to as high as £20,000 depending on the value of the car, with an average of £10,000. VW insist that the existence of the device would have had no impact on the customers’ decision to purchase the vehicle and that they have held resale value, meaning no compensation should be due.

These matters will be decided in a trial which will happen in March 2022 at the earliest.

A spokesman for VW said that the statement from the ECJ did not have any bearing on the UK case.

She added: “Volkswagen continues to defend these claims robustly on the basis that it is not liable to its customers, customers who have not suffered any loss as a result of the NOX issue.

“The High Court’s decision regarding the preliminary issues earlier this year did not determine questions of liability, causation or loss. Rather, it considered two discrete legal issues, and Volkswagen is seeking permission to appeal that decision.”