A German court on Tuesday ruled in favor of Volkswagen in a case brought by a customer asking compensation for having bought a diesel car affected by emissions cheating, however the plaintiff’s lawyer prepares to appeal.
A lower court in Brunswick near the automaker’s Wolfsburg headquarters rejected compensation in the case.
Volkswagen stated it welcomed the ruling, but the plaintiff’s lawyer stated he would appeal the ruling at the Federal Court of Justice, which is Germany’s highest court.
The case could become the first against the automaker to be decided by the Federal Court, possibly setting a precedent for customers impacted by the diesel scandal.
Volkswagen clients have filed thousands of lawsuits throughout Germany seeking compensation after purchasing cars affected by emissions cheating software. Until now, Volkswagen and affiliated traders have won 22 rulings by lower appeals courts.
The plaintiff in the this particular case was supported by myRight, a consumer body which has organized a group action against the automaker.
“myRight now is in the finals against Volkswagen”, stated myRight founder Jan-Eike Andresen. The consumer body, that cooperates with U.S. law firm Hausfeld, presently represents 45,000 plaintiffs who want compensation for their diesel automobiles.
Altogether, over 400,000 German diesel clients have participated in a joint legal action against the automaker.
A Federal Court of Justice ruling on the case, legally assessing Volkswagen’s responsibility and possible obligation to pay compensation toward car owners, would bind rest of the German jurisdictions.
VW has stated about 11 million diesel vehicles worldwide were set up with software that could evade emissions tests designed to limit noxious car fumes.
The automaker has agreed to pay billions of dollars in the United States to settle claims from customers, environmental regulators, states and dealers. It offered to purchase back 500,000 polluting U.S. vehicles.
The company has not reached this type of settlement in Europe, where it faces billions of euros in claims from investors and clients.
