The German car manufacturer Volkswagen and the Belgian consumers’ association Testaankoop have reached an agreement on compensation for the victims of the so-called “diesel dupe” scandal. The news first appeared in the financial daily ‘De Tijd’ and has since been confirmed by Testaankoop. Around 320,000 people in Belgium bought vehicles in which defeat device software was installed.
VW agrees to pay compensation to 320,000 Belgians that bought vehicles with “diesel dupe” software
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The defeat device software could detect test conditions by monitoring speed, engine operation, air pressure and even the position of the car's steering wheel. When the vehicle was operating under test conditions, the defeat device software put the car into a kind of safety mode during which its engine ran below normal power and performance. This in turn created a false impression of the vehicle’s emission levels.
Once back on the road, car’s engines switched back out of test mode. The Diesel Dupe scandal involved VW, Audi, Seat and Skoda cars. Worldwide at total of 11 million vehicles were fitted with defeat device software. Consumer groups all over the world took legal action against Volkswagen.
Here in Belgium Testaankoop initiated two cases against the German car maker. Those that had bought their vehicles after 1 September 2014 (the date on which a bill allowing class actions became law) could join a class action taken by Testaankoop. Those that had bought their vehicle before that could mandate Testaankoop to take individual legal action on their behalf.
5% compensation
On 27 July 2023, a court in Brussels ruled that consumers that had bought a car fitted with a defeat device could claim compensation from Volkswagen. Now the carmaker and Testaankoop have reached an agreement on how the compensation payout procedure will proceed.
The agreement equates to compensation of 5% of the purchase price of the vehicle. For those that have since resold their car, the compensation will be 5% of the difference between the purchase price and the resale price. Those who think they are eligible for compensation have four months from the publication of the judgment in the Belgian State Journal to file a claim. The judgement has yet to be published in the State Journal.
The main conditions for entitlement to compensation
- The vehicle is Volkswagen, Audi, Skoda or Seat car equipped with an EA 189 engine.
- Those who bought the car before September 1, 2014 are eligible only if they had given Testaankoop a mandate for a proxy claim.
- Those that bought their car between 1 September 2014 and 22 September 2015 are automatically covered by the class action.
- Cars bought after 22 September 2015 (new or second-hand) are not eligible for compensation as it was on that day that Volkswagen disclosed that the defeat device software is present in cars that have an EA 189 type diesel engine.
- The vehicle must not have received have had the defeat device software updated. Only Volkswagen has information regard this. The company will check this condition looking at compensation claims.