It was in 2015 when the dieselgate scandal broke out. It was then discovered that Volkswagen had equipped its models with diesel cars (and there They contaminated much more.
The scandal gave rise to thousands of claims worldwide. In Spain those affected, grouped around the OCU (Organization of Consumers and Users) carried out a collective demand. In 2021 they obtained a favorable sentence, but was revoked in the second instance by a jurisdiction error. Then the case moved to the Commercial Court number 2 of Barcelona and the ruling has been clear: the Spanish subsidiary has no responsibility in fraud. In addition, the plaintiffs must take care of the coasts of the process.
The judge has considered that the Spanish subsidiary is not the right part to respond for fraud, since vehicles arrived in Spain completely finished. “Volkswagen Spain received completely finished vehicles and, therefore, you cannot cooperate, participate or collaborate in some way in a conduct that, by definition, has already concluded,” argues the sentence.
In addition, the magistrate emphasizes that the mere membership of Volkswagen Spain to a multinational group does not imply shared responsibility. “The principle of differentiated legal personality with separation and independence between commercial societies is part of our legal system,” says the ruling.
The OCU will return to the load
From the OCU they qualify the judgment of “surprising” and announces that the ruling will resort. In a statement, they argue that Volkswagen Spain was “the instrument to materialize the damage and benefit from the sale of the affected vehicles.” In addition, they indicate that it violates the right to effective judicial protection and the national regulations of consumption, which requires repairing the damage caused in a solidarity by all intervenings in a productive process.
The Volkswagen Group has faced millionaire fines and compensation in the United States or Germany. In Spain it seems that the judicial process will be longer, given the appeal that the OCU has announced.
Vía: EFE
