Diesel scandal: one more chance of compensation for Austrians

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Austrian motorists can take part in a new redress action against Volkswagen without the risk of legal costs. The most important prerequisite is that they have been victims of the emissions scandal involving diesel vehicles from the Volkswagen Group (VW, Audi, Seat, Skoda) and have not yet received compensation. Registration is possible online free of charge. The lawsuit, which was filed on 11 July, is being organized by the Verein zum Schutz von Verbraucherinteressen, or Consumer Protection Association (vsv).

The Viennese law firm commissioned for the case speaks of “around 1,500 euros or more in compensation,” which is possible – after deducting the share for the litigation financier. Austrians who have already sold their diesel vehicle can also participate. One of the reasons why the new redress action is possible is that the general limitation period in Austria is 30 years from knowledge of the damage and the damaging party, not just three years as in Germany.

VW diesel scandal

In 2015, VW admitted to cheating on the EA189 diesel engine: secret measures allowed the EA189 to pass emissions tests, but in everyday operation the engine was more harmful to the environment. The affected vehicles (see list below) were produced from 2008 to 2015.

However, Volkswagen did not want to be taken to court in Austria. In 2020, the European Court of Justice (ECJ) ruled that VW victims could sue in their home country (Case C-343/19). Around 10,000 victims have taken part in the largest Austrian “class action” against VW to date. The VKI litigated in parallel before all 16 regional courts of the Republic. A settlement was finally reached last year, in which VW agreed to pay a total of 23 million euros in damages.

New opportunity

Anyone who missed this train now has a new, possibly last chance thanks to the consumer protection association. To a certain extent, the consumer protection association owes its existence to the diesel scandal. Its most prominent founding member is Peter Kolba, a former member of the National Council for the Pilz list. The lawyer previously headed the legal department of the VKI, an association of the Chamber of Labor and the Ministry of Social Affairs, for more than a quarter of a century.

According to Kolba's own statements, after the VW diesel scandal came to light, he wanted to bring a “class action” for affected consumers against the car company in his VKI function. But the VKI members prevented this: AK and the Ministry of Social Affairs “used the argument of wanting to protect jobs to demand that I keep my cool on the VW scandal, i.e., not bring any class actions,” Kolba said in 2018, according to the daily newspaper Die Presse. “I therefore left the VKI on January 31, 2017, at my request and by agreement.”

Shortly afterwards, Liste Pilz filed a criminal complaint against VW for cartel formation. Kolba initially helped set up a class action platform called Cobin Claims, and in 2018 the consumer protection association. Kolba resigned from the National Council at the time. In 2018, the VKI filed a lawsuit against VW after all.

The conditions

The prerequisites for registering to participate in the new redress action are the purchase or leasing of an affected diesel vehicle in Austria before July 15, 2022, at a price of at least 15,000 euros. The mileage must not exceed 250,000 kilometers – now or, in the case of an earlier resale, at the time of resale.

Affected diesel models (model years 2008-2015) may be: VW Amarok, Beetle, Cady, Eos, Golf, Jetta, Passat, Polo, Scirocco, Sharan, Tiguan, Touran; Audi A1, A3, A4, A5, A6, Q3, Q5, TT; Skoda Fabia, Octavia, Roomster, Superb, Yeti; Seat Alhambra, Altea, Exeo, Ibiza, Leon.

heise online has invited the Chamber of Labor and VKI to comment on Kolba's allegations. The former Minister of Social Affairs is no longer in office.

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