7 EU Member States, including the U.K. are facing legal action from the European Commission post-VW scandal

Some of the Member States’ inaction in the VW emissions scandal has led to the European Commission taking matters into their own hands.

It was only a matter of time before the European Commission stepped in, we felt. There is so much inaction by the UK government and other Member State governments that its almost allowing VW to come away from this worldwide mess unpunished…

Which Member States are facing legal action?

The U.K. among several other EU Member States are facing legal action for failing to clamp down on the German manufacturer for their emissions cheating. The other EU states in the mix include Germany, Spain, Luxembourg, Czech Republic, Lithuania and Greece.

This move is widely welcomed by victims given that EU Member States have the power to take legal action against the automaker, but have yet to do so. Officials in Brussels have pointed the finger at several States and accused them of not taking the same punitive action as the U.S.

Growing frustration

The Commission’s move reflects the growing frustration of not just consumers, but also interested parties in general. ClientEarth clean air lawyer, Alan Andrews, said:

“it is embarrassment after embarrassment for the U.K. Government on air pollution. It has lost two court cases in two years defending its inaction. It may now face a third”.

Pollution from diesel cars is one of the U.K.’s ongoing struggles to tackle air pollution. The U.K. government has made it clear that it won’t take legal action against VW, despite VW knowingly putting U.K. citizens at health risk.

BEUC conference

A member of our VW Legal Team recently attended the BEUC conference. At the conference, the European Commission addressed the very same issue of Member State inaction. It therefore doesn’t come as a surprise that the Commission has decided to take action now.

The BEUC highlights two fundamental issues that have arisen from the use of the software dubbed “defeat devices”:

The Commission’s aim is to ensure better car emissions and fuel consumption testing standards, and controls to be put in place across EU. This can’t be achieved without the help and assistance of Member States.

The member of the VW Team who attended the conference had this to say:

“It seems to be down to Member States to enforce the legislation, which no one has really done so far. As we understand it, the EU can impose penalties on Member States for failing to enforce such legislation, and we’ve been waiting for something like this to happen.

When I attended the BUEC conference, the vibe I got was a very inward looking vibe from the EU, and the consensus was almost like the EU would be reluctant to do anything about it. Perhaps with all the continued uncertainty in the EU in light of Brexit, shifting politics in France, and the recent Italian referendum, they know they need to be looking like they’re doing more.

They do talk a lot about the reputation of EU products and safeguarding air quality. I, for one, welcome their intervention.”

EU citizens are protected

As EU citizens, consumers are protected with EU consumer protection laws, of which one states that consumers have the right to receive the vehicle with specifications promised in the contract. The Commission states that consumers may be able to receive compensation for damages in relation to their affected vehicles, and that’s what we’re fighting for here in Britain.

The EU Member States have until February 2017 to answer the Commission; so time is ticking…