Suspecting that Volkswagen may have broken EU consumer protection law with the defeat devices in diesel engines, the European Commission has encouraged the relevant national authorities to act in the interest of consumers and consumers to seek reparation through the courts.
This was the message from Vera Jourova, European Justice and Consumers Commissioner, speaking in Brussels on Monday 5 September on the sidelines of a press conference on the consumers markets scoreboard 2016.
“It would seem that the rules have been broken in most member states”, the commissioner said, speaking of possible infringement of the directive on unfair trade practices. There might also have been infringement of the consumer sales and guarantees directive. According to German daily Die Welt, the law was broken in 20 EU member states.
“We cannot behave as nothing happened. If we are to fulfil the commitments to keep up the high standards of consumer interests, we need to attack this pan-European challenge. Our role is to adopt legislation and we are looking at fair practices directives. I call on the member states to look at the legislation in force and to do what they have to do. Actions have to be lodged. There is legislation in this area founded on the two regulations. It is up to the national authorities to look at protection of consumers”, she added.
The approach with regard to legal action varies from one member state to another. In some countries, the possibility of collective redress already exists, in others consumer protection organisations act on behalf of consumers, while, in some member states, consumers have to fend for themselves. Courts take decisions on a case-by-case basis. “So the situation is more complicated than in the United States”, the commissioner acknowledged.
On 8 September, she will meet consumer organisations then, on 29 September, national consumer protection authorities to discuss the situation. In the meantime, she will remain in close contact with Volkswagen.
When asked by a journalist if she hoped that these meetings would encourage the member states to take a tougher approach and why she was not opening infringement proceedings, Jourova gave assurances that the Commission is monitoring implementation and enforcement of the EU legislation and, to her knowledge, no national authority is neglecting its duty. She said that the fact that European consumers are not bringing great pressure to have their rights respected could be playing a role in the slowness to lodge actions in pursuit of appropriate compensation (see EUROPE 11586 and 11583). Germany has replied to the Commission’s request for information, Jourova said, but she declined to give any further detail at this stage. (Original version in French by Aminata Niang)