Suspected cartel in the emissions scandal: complaint to the EU Commission

The Dieselgate scandal continues to keep the courts busy. Now, in addition to the accusation of illegal defeat devices at VW, BMW and Mercedes, a possible suspicion of systematic collusion among the car manufacturers is also coming into play.

The suspicion has been strengthened by a recent case. A customer bought a VW Passat with the EA288 engine in 2018. According to the lawsuit, the vehicle was equipped with an unauthorised defeat device. The plaintiff demanded compensation of 4,860 €, but was unsuccessful in the first two instances. His lawyer Michael Poduschka successfully lodged an appeal. The Austrian Supreme Court (OGH), which had jurisdiction in the third instance, initially referred questions about the case to the European Court of Justice (CJEU). Specifically, the aim was to clarify whether the software used to control the diesel particulate filter constitutes an illegal defeat device. However, before the ECJ could pass a judgment, the OGH had to withdraw the questions to the ECJ because VW suddenly accepted the damage and paid the plaintiff's claim.

The referral to the ECJ was seen as a landmark decision, as it concerns numerous similar proceedings and could have created uniform case law. For this reason, many proceedings were interrupted and delayed in order to await the ECJ's decision.

Lawyer Poduschka suspects intent: ‘I have the feeling that the car manufacturers want to delay dealing with the emissions scandal for another ten years.’ He has now reported VW, BMW and Mercedes to the EU Commission on suspicion of cartel behaviour. The accusation is that the manufacturers are systematically preventing landmark judgements through settlements and payments.

VW has not yet issued a statement. BMW and Mercedes say, they have not yet received the complaint, which is why they cannot yet comment on it.

While this individual case can be seen as a success, it initially means further delays for many of those affected. However, the cartel allegation and a possible ECJ judgement could give new impetus to the long-running legal dispute surrounding the diesel scandal.