Court approves mass claim against Mercedes and Renault for manipulated diesel tests

The Car Claim Foundation will be allowed to start a collective lawsuit on behalf of the owners of Mercedes-Benz and Renault diesel cars with manipulated emissions test results, the Amsterdam court decided on Wednesday. The Car Claim Foundation is supported by the Dutch consumer association, Consumentenbond, and will attempt to get compensation for over 100,000 drivers whom the car manufacturers duped.

Mercedes-Benz and Renault raised questions over the legality of the Car Claim Foundation participating as a litigant. The foundation's chair, Guido van Woerkom, said this is a common trick that car manufacturers pull to delay the legal process. "The court then has to look at things like the financial base of the litigant and its independence. This takes a lot of time. Luckily, the court thinks everything is in order. Now we can finally start discussing the details of the case."

The court must now decide whether the manufacturers delivered a flawed product. “If the court agrees with us that the consumers were misled when purchasing their car and they were also given an illegal and defective product, then the path will be clear for compensation,” said Sandra Molenaar, director of the Consumentenbond.

The Car Claim Foundation and the Consumentenbond are demanding compensation in the collective procedures for owners of diesel cars with falsified or manipulated emissions results which were produced under the brands Volkswagen, Audi, Seat, Škoda, Mercedes-Benz, Renault, Dacia, Peugeot, Citroën, DS and Opel. The Car Claim Foundation is allowed to act as a litigant in all cases.

The court also decided in the same case concerning a procedure that the nonprofit Emissions Justice initiated against Mercedes. The car manufacturer was forced to answer detailed questions regarding the software used to manipulate diesel results.

Mercedes had avoided questions on the subject up to that point. “Mercedes kept their cards close to their chest,” Joost Edixhoven, one of the lawyers for the Emissions Justice Foundation, said. “This verdict is a breakthrough and a significant boost for the victimized car owners.”

The Emissions Justice and Car Claim foundations will cooperate during the court cases. Other procedures are also ongoing against Volkswagen, Renault, Fiat, Peugeot, Citroën, and Opel.

Edixhoven expects the court to reach the same verdict in these procedures.