Collective proceedings against Volkswagen AG and related parties over defeat device software installed in more than 11 million diesel vehicles worldwide between 2009 and 2018.
On 13 August 2024, the Amsterdam Court of Appeal ruled on jurisdiction and the applicability of WAMCA. The Court ruled it has jurisdiction over claimants who bought or leased their vehicle in the Netherlands, and that WAMCA applies to Euro 6 vehicles (the old class action law applies to Euro 5 vehicles). The proceedings have been referred back to the Amsterdam District Court.
This list may be updated as the foundation's investigations are ongoing.
Manufactured between 2008 and 2015, purchased or leased new or second-hand before January 2016.
Engine · EA 189Manufactured between 2010 and 2018 at least. Applies primarily to larger Audi and Porsche vehicles.
Engine · EA 897Manufactured between 2012 and May 2016. Successor engine family to the original EA 189.
Engine · EA 288Globally, from 2009 to 2015, Volkswagen installed its “defeat device software” in over 11 million cars with engine type EA 189. Volkswagen has falsely promoted, and is still falsely promoting, a “clean diesel” image and as a result, has commanded a premium for its vehicles. In the United States, the Environmental Protection Agency determined that NOx emissions were up to 40 times higher when manipulated vehicles were not in test mode. Volkswagen themselves admitted that the level of NOx emissions in these different modes was “noticeable”. This unethical behaviour misled the authorities and let car companies portray their cars as cleaner and more efficient than they actually were.
Apart from affecting your wallet, this may have had a negative impact on your health and the environment. With its unethical conduct, VW has engaged in consumer fraud. It must be held accountable.
Volkswagen’s software in its EA 189 engines impacted 500,000 cars in the United States. Volkswagen has admitted fault in America. It has agreed to pay over $25 billion USD in compensation to owners, dealers, regulators and states.
In 2015, it was revealed that Volkswagen intentionally cheated the Euro 5 standards by employing defeat device software so their vehicles with EA 189 engines would appear to pass emissions tests. Recently, it transpired that Volkswagen has also cheated, and is still cheating, the Euro 6 standards. This includes Porsche and Audi vehicles equipped with EA 897 diesel engines and many VW vehicles equipped with engine type EA 288 (successor of the EA 189 engine). Therefore, the DEJF has expanded the scope of our claim and opened up registration for drivers of Volkswagen-cars equipped with EA 288 and EA 897 engines as well. The developments around EA 288 and EA 897 are being called Dieselgate 2.0 in Germany. This shows that the case is far from over.
While there are no differences in the defective vehicles sold in America and Europe, Volkswagen has refused to accept responsibility for the harm it has caused European consumers.
No meaningful compensation has been offered to European Volkswagen-owners, regardless of whether they drove a vehicle with engine types EA 189, EA 288 or EA 897.
In the Netherlands the number of affected cars is at least 170,000. The Netherlands Authority for Consumers & Markets determined in its decisions of 28 November 2017 and 4 December 2018 regarding cars with EA 189 engines that this manipulation was intentional, systemic and that Volkswagen AG had engaged in unfair commercial practices. Volkswagen remained silent and even continued to sell large numbers of affected vehicles with engine types EA 288 and EA 897.
As a large international corporation, Volkswagen relies on the fact that a single person does not have the resources to challenge their wrongful conduct. Unlike the USA, legislation for collective redress in Europe has been fragmented until now, causing Volkswagen to benefit from lack of coordinated litigation in Europe. Now, with the WAMCA-legislation in the Netherlands, the DEJF is able to represent all affected Europeans for the corporate wrongdoing of Volkswagen and related parties.
In March 2020, the DEJF filed a writ alleging that Volkswagen AG intentionally and systemically manipulated at least 8.5 million European vehicles to pass emissions tests – 17 times more than in the United States, including cars manufactured by Volkswagen, Audi, SEAT, Škoda and Porsche.
Specifically, we allege VW installed defeat device software in over 11 million cars worldwide with engine type EA 189, EA 288 and EA 897 since 2009.
Active proceedings grouped by jurisdiction. Most recent entries appear first.
Oral hearings are now expected in the second half of 2025.
A case management hearing was held at which the parties could comment on the continuation of the proceedings, including whether they wished to be referred to the District Court.
In its judgment, the Amsterdam Court of Appeal ruled that it has jurisdiction over claims of VW drivers who bought or leased their cars in the Netherlands. It also held that the WAMCA applies to vehicles subject to the Euro 6 standard, while claims relating to Euro 5 vehicles are covered by the old law (article 3:305 (old) BW).
A hearing took place before the Amsterdam Court of Appeal. A decision on the applicability of the WAMCA and international jurisdiction was expected in August 2024.
Emissions Justice responded to those arguments in writing. For practical reasons, it dropped its claims against Bosch.
The defendants filed their statement of defence on appeal. Volkswagen, Audi, Porsche, Škoda, Seat and Robert Bosch also filed their own cross-appeals against the 30 March 2022 judgment on the court’s jurisdiction.
Emissions Justice served its grounds for appeal.
Emissions Justice filed an interim appeal against the judgment of 30 March 2022, disagreeing among other things with the ruling on the applicability of the WAMCA. The Amsterdam District Court stayed the first-instance proceedings pending the outcome of the appeal.
The Amsterdam District Court ruled on its jurisdiction and the applicability of the WAMCA. It held that it has jurisdiction over claims on behalf of Dutch car owners, but not for other EU residents who bought their car from a non-Dutch dealer, and that the WAMCA collective action regime does not apply. This means Emissions Justice can seek a declaratory judgment on, among other things, the legality of the defeat devices, but cannot claim damages in these proceedings; such claims would need to be brought in follow-up proceedings.
A hearing of the parties took place, focusing on the jurisdiction of the Amsterdam District Court and the applicability of the WAMCA collective action regime.
The defendants filed their statements of defence in the first phase of the proceedings, concerning jurisdiction and the applicability of the WAMCA collective action regime.
The court dismissed Car Claim Foundation’s joinder motion and its motion to stay the proceedings, and adopted the procedural order. The first phase of the proceedings will deal with the jurisdiction of the Amsterdam court and the applicability of the WAMCA collective action regime.
A pre-trial hearing was held. The parties were given the opportunity to express their views on the procedural order.
Emissions Justice submitted a written statement to the court contesting Stichting Car Claim’s motions.
Stichting Car Claim filed a motion to intervene in the Emissions Justice proceedings and requested a stay of the proceedings.
The defendants appeared in the proceedings before the Amsterdam District Court.
Emissions Justice served a writ of summons on Volkswagen, Audi, Porsche, Ĺ koda, Seat, Bosch, the Dutch car importer Pon and a number of individual Dutch car dealers.
Oral pleadings are scheduled to take place on 9 and 16 March 2026.
The Dutch-speaking Court of First Instance in Brussels imposed a procedural calendar. The Foundation last filed its written submission on 2 December 2024; the defendants did so on 3 March 2025 (Volkswagen et al.) and 5 May 2025 (Bosch and D’Ieteren). The Foundation may file its final brief on 5 August 2025, and the defendants on 5 November 2025 (Volkswagen et al.) and 5 January 2026 (Bosch and D’Ieteren).
A first hearing took place. The court stayed the proceedings for an indefinite period in order to await developments in the Dutch proceedings.
The Foundation filed a request for interim joinder in these proceedings to allow an additional number of Belgian participants.
The Foundation initiated proceedings before the court of Brussels, Belgium, against (among others) Volkswagen, Audi, Škoda, Seat, Porsche and Robert Bosch, to safeguard the interests of the Belgian car owners participating in the Foundation’s actions. The Foundation requested a stay of these proceedings until a decision is made in the Dutch proceedings on the court’s international jurisdiction.
The pre-trial judge (juge de la mise en Ă©tat) handed down a decision declaring the writs of summons null and void. The Foundation will appeal this decision.
A first procedural hearing on the respondents’ objections was held before the Court of Soissons. The judge was to render a decision on 16 January 2025, unless more time for deliberation was needed.
The Foundation initiated proceedings before the court of Soissons, France, against (among others) Volkswagen, Audi, Škoda, Seat, Porsche and Robert Bosch, to safeguard the interests of the French car owners participating in the Foundation’s actions. Despite the respondents’ delaying tactics, the Foundation continues to seek a decision on the merits recognising the manufacturers’ fault and the victims’ right to compensation.
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