Braunschweig/Bozen – On February 22, the first hearing in the cross-border model declaratory action brought against Volkswagen by the South Tyrolean Consumer Organization (VZS) took place at the Higher Regional Court in Braunschweig.
The judges’ panel, chaired by judge Wiemerslage, ruled on the parties’ motions; the action was deemed admissible.
The Senate ruled that the lawsuit should be heard under Italian law; this was requested by the legal advisers of the consumer advice center under the direction of lawyer Rodolfo Dolce and lawyer Stefano Dangel, in the event that German law does not apply.
In order to give the court a comprehensive insight into its doctrine and jurisprudence, an expert opinion is to be drawn up. In addition to the Senate’s extensive catalog of questions, the questions raised by the parties will also be included in the report.
“We are very satisfied with the outcome of the first day of the trial,” says Gunde Bauhofer, Managing Director of VZS. “VW’s motion to dismiss was not granted.”
“The application of Italian law is consistently positive news for consumers on record, especially in light of last year’s class action judgment in Venice,” adds attorney Rodolfo Dolce.
When asked by Judge Wiemerslage how the parties felt about a settlement, the VW side said that nothing was ruled out, but that they could not comment on it today (yesterday, AdR), the first day of the hearing.
From: Luke
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