The adoption of the Amendment of the member of the House of Representatives Van Gent resulted in the WAMCA not only applying to collective claims relating to events that occurred after 15 November 2016 (the date on which the initial bill of the WAMCA was presented to the House of Representatives), but also to events that occurred before that date, provided that they continued after that date.
In its summons in proceedings against Renault S.A.S., Stichting Emission Claim (the Foundation) asserted that the software updates that would remove the non-conformity of the vehicles equipped with fraudulent software took place after 15 November 2016. Furthermore, even after the updates, emissions from the engines did not remain below the limit under all circumstances. As a result, the Foundation argued, the obligation of the car manufacturers, importers and dealers to end the fraud in connection with the vehicles marketed in the Netherlands before 15 November 2016 continues to this day. With this summons, the Foundation is therefore seeking, briefly put, collective damages for the loss suffered by the injured parties of the diesel fraud committed by Renault and Bosch in the Netherlands and a number of declaratory judgments regarding the consequences of this diesel fraud under the WAMCA.