Dutch Consumer Groups Take Legal Action Against BMW
In a significant legal move, consumer protection organizations in the Netherlands have filed a class-action lawsuit against the German luxury carmaker, BMW. The case alleges that BMW intentionally manipulated emissions data for approximately 100,000 diesel vehicles sold within the Dutch market.
The Core Allegations: Defeat Devices and Deception
The Dutch Consumer Association, known as Consumentenbond, is spearheading the case. They claim that BMW installed specific software in certain models. This software was designed to detect when a car was undergoing official emissions testing. During these tests, the software would artificially lower the vehicle's output of nitrogen oxides to meet regulatory standards.
However, once the cars were driven in real-world conditions on public roads, this software was deactivated. As a result, the vehicles reportedly emitted levels of nitrogen oxides that were far higher than what was recorded during the official tests.
Sandra Molenaar, the Director of Consumentenbond, did not mince words. She stated, "It’s shameless how BMW misled both the inspection bodies and consumers. The company must take responsibility. We want BMW to compensate the consumers it misled."
The legal complaint covers a wide range of vehicles, including all BMW and MINI diesel models that were sold in the Netherlands between January 1, 2009, and September 1, 2019.
BMW's Response and Wider Industry Impact
In reaction to the lawsuit, BMW provided a statement to the AFP news agency. The company said it had learned about the legal action through media reports and had not yet been formally served with the court documents. Because of this, BMW stated it did not know the full details of the allegations at that time.
Another organization, Car Claim, is also part of this legal action. They are pushing for more than just financial compensation. Car Claim is demanding that BMW recall and refit all affected vehicles to fix the emissions issue. They are also advocating for compensation to be paid to both current and previous owners of these cars.
Guido van Woerkom, the chairman of Car Claim, emphasized that while legal proceedings have started, the door for discussion remains open. He said, "Although we have initiated legal proceedings, we continue to urge BMW to engage in discussions to reach a fair solution together."
This lawsuit against BMW is the latest development in the global "dieselgate" scandal that first erupted in 2015. It began when Volkswagen admitted to using similar software to cheat on pollution tests. That revelation triggered a wave of investigations and legal cases against numerous car manufacturers around the world.
It is worth noting that this is not BMW's first encounter with emissions-related penalties. Back in 2019, German prosecutors hit the company with an 8.5 million euro fine because some of its diesel cars were found to be exceeding emissions limits. However, in that specific instance, prosecutors concluded that the violation was due to a technical error, not a deliberate act of deception.