The Supreme Court dismisses FACUA’s appeal and confirms the transfer of the Volkswagen case to Germany

After the Audiencia Nacional’s decision, the association looked for new ways to defend its associates against difficulty in winning the appeal. Around 1,600 filed new claims in Germany.

The Supreme Court dismisses FACUA’s appeal and confirms the transfer of the Volkswagen case to Germany

Bad news for Dieselgate victims. The Supreme Court has dismissed the appeals (read the sentence here in Spanish) presented by FACUA-Consumers in Action and another private prosecution representing a group of affected parties against the decision of the Audiencia Nacional (Spanish High Court entitled to judge massive scale frauds) to transfer to the German judicial authorities the criminal proceedings followed in Spain to determine any possible responsibilities on the part of the company.

These are liabilities arising from the marketing in Spain of vehicles with Volkswagen engines in which a cheating device was installed, so it detected when the car was on a test bench in order to reduce the emission of polluting gases and which recovered its level, which was much higher than legally permitted, as soon as it was returned to normal use.

FACUA based its appeal on the fact that the decision adopted by the judge of the Audiencia Nacional Ismael Moreno, after years of instruction, left the consumers helpless in the proceedings. In doing so, his decision violated their right to effective judicial protection. Yet, despite this basis, FACUA’s appeal has been rejected by the Supreme Court.

Aware of the enormous difficulty in winning the appeal against the Audiencia Nacional’s decision, FACUA sought new avenues for the defense of its associates. It offered the drivers it represented in the case the possibility of filing individual lawsuits in Germany through the lawyers contacted there by the German consumer federation Verbraucherzentrale Bundesverband (VZBV). Thus, around 1,600 of the organization's members filed new legal claims in December 2019, on which sentences have not yet been handed down.