In cases such as the VW scandal, we get nothing today: will class action lawsuits soon also be possible in Switzerland?

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The diesel scandal will cost the German car manufacturer Volkswagen dearly. Associations around the world filed class action lawsuits on behalf of duped car owners after it became known in 2015 that VW had systematically manipulated exhaust gas values. In Germany, for example, more than 240,000 victims received compensation of several thousand euros each. In the UK, VW had to pay damages to 91,000 customers.

The 175,000 affected VW diesel owners in Switzerland, on the other hand, will receive nothing. The reason for this is that there are no class actions pending in Switzerland. A consumer protection claim on behalf of some 6,000 victims was therefore rejected.

“Historical decision for the consumer”

On Monday, the legal committee of the National Council will discuss whether the gap in the Swiss legal system should be filled. “It is a historic decision for consumers and SMEs,” said Sophie Michaud Gigon (48), Vaud Greens National Councilor and head of consumer protection in Western Switzerland.

If someone wants to take legal action today, it usually takes a lot of financial and personal effort. “And: you have to do it alone, even if several are affected.” Therefore, many would refrain from enforcing their rights. Michaud Gigon emphasizes that SMEs are also affected. “They could also join forces in the future to assert their rights – for example in cartel agreements.”

Economy is fighting back

Enabling class action lawsuits has been a topic in parliament for years – a highly controversial one. The reason for the change, which is now under discussion, was an initiative of SP National Councilor Prisca Birrer-Heimo (64), who was chairman of the Consumer Protection Foundation until last year. The Federal Council agreed that action was needed.

The trade associations, on the other hand, are opposed to an association being able to claim the rights of many injured parties at the same time. There is a “huge potential for abuse,” according to one of their arguments.

Parliament is in no hurry

Although the States and the National Council voted for a change in the law almost ten years ago, it is uncertain whether the proposal that is now on the table will pass. The National Council Legal Commission had already dealt with the subject last year, but then ordered further clarification before making a decision.

A delaying tactic, the proponents criticized. They fear the Conservatives will put the issue back on the back burner on Monday.

Source:Blick