Vienna (OTS/VKI) –A hearing in the class action lawsuit brought by the VKI against Volkswagen AG will take place at the Vienna Commercial Court (HG Vienna) on Thursday, February 22, 2024. The Supreme Court (OGH) has now clarified almost all open legal questions in a large number of individual case decisions. In his case law, he leaves the courts free to estimate the damage between 5 and 15 percent. The next steps will be discussed with the parties at the hearing at the HG Vienna. It is unclear what else the judge responsible for the class action lawsuit needs in order to be able to decide on the matter. In the proceedings at the HG Vienna, the VKI represents around 1,490 affected people, for whom damages of around 8 million euros are claimed.
From the perspective of the VKI, the Supreme Court has now clarified in its established case law that VW is fundamentally liable for claims for damages from customers affected by the emissions scandal. The OGH has already rejected the opposing side’s argument that the shutdown device was necessary to protect the engine from damage in several judgments. “After the recent decisions of the Supreme Court, in which it awards specific claims for damages even without obtaining complex expert reports, judgments could now also be made quickly in class proceedings,” explains Mag. Stefan Schreiner, head of the class actions department at the VKI.
The proceedings at the HG Vienna are one of 16 class actions that were brought to the respective regional courts in Austria on behalf of the Ministry of Social Affairs (BMSGPK) and the Federal Chamber of Labor (BAK) and with funding from Omni Bridgeway. The total amount in dispute in this class action lawsuit is 60 million euros. Around 10,000 victims are represented in court by the VKI. Cases have been filed with the HG Vienna in which the vehicle was handed over in the district of the HG Vienna.
