Volkswagen Loses Appeal In ‘Dieselgate’ Class Action Lawsuit

The Court of Appeal has rejected an appeal in the Volkswagen emissions scandal, meaning the group litigation may continue.

Volkswagen was ruled at fault in the emissions test-related U.K. dieselgate class action lawsuit, but had appealed the decision. The newest ruling in the Volkswagen emissions scandal class action lawsuit is the rejection last week over the carmaker’s appeal, The Car Expert reported.

Because the Court of Appeal denied Volkswagen’s appeal, Class Members can proceed in the class action lawsuit. About 90,000 people bought or leased one of the 1.2 million affected vehicles, according to This Is Money.

A judge ruled against the Volkswagen in April after it was revealed that the company was cheating on emissions tests, according to the Shropshire Star.

Lord Justice Stephen Males ruled that Volkswagen emissions tests were in fact inaccurate because of software installed on Volkswagen vehicles was classified as a defeat device.

The dieselgate scandal has been ongoing since December 2019, when a hearing investigated Volkswagen emissions defeat devices in the EA189 diesel engine. 

Volkswagen drivers are requesting compensation for vehicles that have been equipped with defeat devices designed to trick emissions tests, Autocar reported.

Volkswagen was found to have used defeat devices to cheat on the emissions tests.

In testing conditions, Volkswagen emissions were minor, but when actual driving conditions were tested, the vehicles expended tremendously high nitrogen oxide levels.

In the U.S. a similar Volkswagen emissions debacle came to a class action lawsuit against the carmaker, which resulted in Volkswagen paying over $9.5 billion in a settlement. Class Members in that case have been reimbursed the value of their vehicles, in addition to between $5,100 and $10,000 in compensation.

According to the Federal Trade Commission, Volkswagen agreed to either buy back or fix more than half a million of the vehicles with a defeat device.

The monumental class action lawsuit ruling means that compensation efforts of the Class Members can legally resume. More than likely, another 90,000 impacted Audi, Seat, Skoda, and Volkswagen owners could be compensated by the year 2022. 

The lawyers for the Class Members in the Dieselgate class action lawsuit allege that Volkswagen emissions were purposefully and knowingly cheating road tests with defeat devices. 

“Volkswagen Group is disappointed in the Court of Appeal’s decision but, of course, respects it,” a Volkswagen spokesman told to This is Money. “This decision relates to the technical points of law that formed the Preliminary Issues Hearing in 2019. It does not determine the points of loss, liability, and causation, which will be decided at a trial not before March 2022. Volkswagen maintains that because customers have not suffered any loss, it does not owe them compensation. Nevertheless, this is a matter for the main trial in due course.”

“Volkswagen has openly acknowledged that, in relation to the emissions issue, we did not live up to our own standards,” the spokesperson added. “We are committed to maintaining the trust of the public through programmes such as our €33 billion investment into e-mobility, bringing 75 fully electric car models to market by 2029.”

Similar group litigation has been brought regarding Mercedes-Benz, Nissan and Renault’s emissions.

Do you drive a VW vehicle? Are you a part of the class action lawsuit? Why or why not? Let us know in the comments.

Check back daily for the most recent U.K. class action lawsuit and consumer protection news.

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