In the test drive against Volkswagen because of the exhaust scandal comes movement. The presiding judge at the Higher Regional Court (OLG) in Braunschweig called on the VW Group on the second day of negotiations to seriously consider settlement negotiations. By the end of the year, both parties should announce whether in principle talks about an agreement are being considered.

The Consumer Federation reaffirmed its willingness to negotiate. A VW spokesman said, "so far, a comparison is hard to imagine". However, if there is clarity about who makes claims, the company will look closely to see if discussions are workable.

In fact, the number of consumers registered with the Federal Office of Justice is still unknown. There have been around 445,000 applications, said the presiding judge. At the same time, however, there are about 77,000 redemption statements. It could give individual explanations, in each of which waive several thousand consumers. The judge announced to work for the Federal Office for a quick clarification.

In the case of the model claim for damages against Volkswagen, the question is whether the claims which the Verbraucherzentrale Bundesverband (vzbv) and the Automobilclub ADAC want to assert on behalf of the affected diesel buyers are admissible. They want to let the complaint establish that the automaker has damaged his customers "intentionally and immoral" and therefore must pay damages.

VW continues to dispute allegations

However, the court did not yet declare liability for "intentional immoral damage" or possible fraud. For this the OLG wants to announce a new hearing date. VW had previously rejected the allegations again. "The vehicles are still driven by hundreds of thousands of customers," the group said that there is no "damage with widespread effect for all registered consumers."

In September 2015, VW had admitted to tests by authorities in the US manipulation of the emissions of diesel cars. The software of certain engines was set so that in actual operation on the road significantly more toxic nitrogen oxides (NOx) were emitted than in tests. Many customers feel cheated and either individually complain or join the pattern-finding suit. If successful, the latter would then have to enforce specific claims in their own proceedings.