several companies and communities will join French procedures

On Thursday, October 3, many companies and communities will join the French proceedings opened against automobile manufacturers in the “dieselgate” scandal. Two lawyers, Marc Barennes and Romain Boulet, announced to Agence France-Presse (AFP) their intention to file a civil party constitution in the afternoon at the public health center of the Paris judicial court for more than 700 companies and more than 130 groups and administrations.

Among the structures having decided to take action are, according to the lawyers, half a dozen companies (particularly in construction or telecoms) wishing to claim compensation for more than 5,000 vehicles. Several local authorities, such as “around ten departments” (Loire-Atlantique, Alpes-de-Haute-Provence, etc.), or even “cities” (La Rochelle, Béthune, etc.), also intervene.

Initially, each new entrant into the legal information linked to “dieselgate” intends to constitute itself for one or two vehicles concerned, but the lawyers indicate that they have a mandate to request compensation for “more than 70,000 vehicles”.

This approach “sends a very powerful message to the car manufacturers under investigation” in this file, according to M^e Barennes. Companies and administrations are determined to obtain “a fair reparation for the vehicles for which they paid too much in relation to their real characteristics. On the other hand, they intend to comply with their commitments on social and environmental responsibility in the case of companies”continues the council.

“In the rest of the EU and the United States, numerous settlements have already been concluded, compensations have been ordered and criminal sanctions have even been imposed against Volkswagen. It is time for justice to be done also for private and public companies in France”added M^e Barennes.

“Deception on a commodity”

After the revelation in the United States in 2015 of this scandal called “dieselgate”, several judicial investigations were opened in Paris from 2016. The fraud repression services (DGCCRF) mentioned in a report in 2017 a “overall strategy to manufacture fraudulent engines and then market them”.

After several years of investigation in France, Volkswagen, Renault, Peugeot, Citroën and Fiat Chrysler were indicted between May and July 2021 in Paris for “deception on merchandise resulting in a danger to human or human health. ‘animal “.

The five manufacturers are accused of having equipped diesel vehicles with software capable of hiding polluting emissions during approval tests. Once in circulation, polluting emissions could exceed authorized standards up to 40 times. During their indictment, the manufacturers disputed the facts.

New wave of plaintiffs

The most advanced case is that of Volkswagen: the investigation is finished and requisitions from the Paris prosecutor’s office are awaited. The trial in Germany of the former CEO of Volkswagen was interrupted for health reasons. In France, the company is requesting the cancellation of the proceedings, believing that they overlap with those across the Rhine.

At this stage, according to elements of the French files of which AFP was aware, around 1,500 to 2,000 civil parties would be formed, mainly individuals with a single vehicle, several associations and SMEs.

The arrival of this new wave of plaintiffs could increase the final amount owed by manufacturers in damages in the event of a criminal conviction. M^e Barennes mentions the amounts obtained abroad, between 1,350 and 6,250 euros in Germany for each of the 200,000 Volkswagen vehicles compensated, up to 4,440 euros per vehicle in the Netherlands.

It is about “relevant indicators of the amounts that can be claimed in France”according to him, which could amount to several hundred million euros in the event of convictions. Originality: the action, launched at the beginning of 2023, is not paid by the companies but financed by a litigation company which is paid on the compensation ultimately obtained, if applicable.