The Netherlands

On behalf of the team

Diesel Emissions Justice Foundation (DEJF) litigates against Volkswagen et al. on behalf of persons affected by the diesel scandal. It is assisted by, among others, the firm that has written this quarterly report. In contrast to the situation under the old law, it is now possible under the new Settlement of Large-scale Losses or Damage (Class Actions) Act (Wet afwikkeling massaschade in collectieve actie, “WAMCA”) to claim damages and request that the decision hold for all persons in a ‘narrowly defined group’, unless they decide to opt out. Car Claim is litigating against Volkswagen in separate proceedings under the old law. Car Claim is claiming in these proceedings that it should first be allowed to join DEJF in its case and then to request that the District Court stay that case until Car Claim’s original action has reached its conclusion.

On 3 March 2021, the District Court dismissed Car Claim’s claims.[1] WAMCA allows ‘competing’ representatives to lodge their own claim under WAMCA within three months. Car Claim failed to do so and is trying to join the proceedings as a claimant by some other means. The District Court denied that request because it goes against the prudent system designed by the legislature for such situations. Even in the event that the request needed to be assessed on the basis of the old system, the District Court denied it, as Car Claim failed to demonstrate that it would be prejudiced by the outcome of the DEJF case. In all cases, it appears that Car Claim’s interests are served by DEJF’s claims being denied, which is another reason that it cannot be allowed to join the proceedings on the side of and in support of DEJF.

[1] Amsterdam District Court 3 March 2021, case / cause-list number: C/13/681 190/ HA ZA 20-299.