Volkswagen must pay an owner of a Golf TDI purchased in 2010 3000 euros in compensation because he would have paid too much for his diesel car at the time, the court in Haarlem has ruled. At the time of purchase, the man did not know that there was cheating software in his car, which made the car appear cleaner than it actually was.
This is the first ruling in four trial proceedings initiated by the Volkswagen Group Diesel Efficiency Foundation (VGDES) and the Consumers’ Association. Lawyer Jurjen Lemstra of the foundation explains that the purpose of this specific procedure was actually to force Volkswagen to have the sjoemeldiesel bought back for the original purchase price. But the judge did not agree. Instead, the court itself made a calculation of the damage suffered.
“It is an important first step. With this ruling in hand, other owners of cheat diesels can also claim compensation,” says Lemstra. He also expects judgments from the other trial proceedings soon, in which a slightly different method for determining the damage suffered has been submitted to a judge.
Sjoemeldiesel business
In the Netherlands, several foundations have sjoemeldiesel cases against car manufacturers. Car Claim, which also cooperates with the Consumers’ Association, already managed to convince a Dutch court in 2021 that buyers of Volkswagen cheat diesels are entitled to compensation. At the time, an amount of 3000 euros was also mentioned. But the manufacturer appealed. According to Volkswagen, motorists have not suffered any financial damage at all due to the fact that their cars emit more than reported.
Lemstra acknowledges that there is also a possibility of appeal in the current procedure. He notes that Volkswagen’s tactics seem to be mainly aimed at stalling time. In the United States, according to him, the group has long since moved to compensation because of the scandal that came to light in 2015. Volkswagen then admitted to having manipulated emissions tests on a large scale with cheating software.
Appeal
Lawyer Jeroen van Hezewijk, who represented Volkswagen, says that the car manufacturer is considering appealing. He also points out that the situation in the Netherlands is not comparable to that in the US. Volkswagens here would be technically a little different and the rules and conditions would not be the same either.
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