With its actions the (former) PSA Group (currently the Stellanis Group) has caused extensive damage. The market for diesel cars has plummeted and the value of the cars has been reduced considerably. Moreover, the environment and public health have suffered at the hands of PSA’s Group behaviour. The French government initiated criminal proceedings against various entities within the PSA Group and in Germany a criminal investigation is pending as well. However, Peugeot, Citroën and DS continue to present themselves as “green” companies and act as if they are unaware of any wrongdoing.

Our Goals

Individual car owners don’t have the means to hold large international companies like Stellantis accountable. As a result, large companies tend to go free resulting in their customers being left empty-handed. The consequences of Peugeot, Citroën and DS’ (and Stellantis’) wrongdoing are, amongst others, a lower sales value of the diesel cars on the second-hand market and higher maintenance costs. However, relatively new legislation in the Netherlands, called the WAMCA, makes it possible for representatives like the Foundation to file a collective claim for damages on behalf of all injured parties. If this new legislation is found to be applicable, this may allow the Foundation to recover financial or other compensation to which you may be entitled on your behalf, without any risk to you.

The Foundation has already initiated class actions against five large automotive concerns (of which two are against Stellantis). With this, the Foundation has acquired substantial experience with tracking down illegal defeat devices and identifying affected vehicles. The Foundation has close relations with a leading IT expert that previously exposed the functioning of illegal defeat devices in cars of different brands, namely Volkswagen, Fiat, and Mercedes-Benz. The Foundation is currently the only Dutch representative that has this type of (technical) expertise. This expertise can and will ensure that the Foundation can make a difference. This expertise is what makes the Foundation the most suitable party to pursue your interests.

The Foundation started proceedings against, amongst others, Peugeot, Citroën and DS on 19 January 2022. The case is pending before the Amsterdam District Court and is registered under case number C/13/712812 / HA ZA 22-72. The defendants in the proceedings are Stellantis N.V., Stellantis Nederland B.V., PSA Automobiles S.A., Automobiles Peugeot S.A., Automobiles Citroën S.A.S., Opel Automobile GmbH, Adam Opel GmbH, General Motors Company, General Motors LLC, General Motors Holdings LLC, Vauxhall Motors Limited, Vauxhall Finance plc, IBC Vehicles Limited, PSA Retail UK Limited, and 126 Dutch car dealers. A list of all the car dealers involved in the proceedings can be found here.

CURRENT STATUS

On 14 March 2023, an oral hearing will take place at the District Court of Amsterdam regarding the following topics: jurisdiction, applicable law, admissibility of Emissions Justice, the appointment of an exclusive representative, and applicability of the WAMCA.

COURSE OF THE PROCEEDINGS

• On 19 January 2022, Emissions Justice served a writ of summons on Peugeot, Citroën, DS, Opel, Vauxhall, and General Motors and their parent company Stellantis N.V. The writ of summons can be found Emissions Justice also summoned 126 Dutch car dealers who sold cars by these car manufacturers. Previously, on 17 august 2021, Emissions Justice had requested the Amsterdam district court to extend the period in which Emissions Justice may also initiate a collective action against the same defendants. Emissions Justice had to do so because another foundation, Stichting Emission Claim, had already started a collective action some of the same defendants against. The Amsterdam district court granted Emissions Justice’s request and extended the time limit with three months (see decision). Stichting Car Claim, another foundation, also requested an extension and was also granted this.
• On 16 February 2022, 4 May 2022, and 11 May 2022, the car manufacturers entered an appearance in the proceedings. However, the car dealers failed to enter an appearance and were declared to be in default by the court.
• On 22 June 2022, the court proposed the procedural order. The parties were allowed to respond to the proposal. Emissions Justice did so on 6 July 2022. On 20 July 2022, the court adopted the procedural order. The procedural order can be found here. The first phase of the proceedings will deal with jurisdiction of the Amsterdam court, which collective action regime is applicable, admissibility of the Emissions Justice and the other foundations, applicable law, and appointment of the exclusive representative.
• On 17 August 2022, Emissions Justice submitted a brief on why it should be appointed as the exclusive representative in these proceedings.
• On 5 October 2022, the car dealers entered an appearance in the proceedings.
• On 9 November 2022, the defendants submitted a statement of defence regarding their views on jurisdiction, applicable law, admissibility of Emissions Justice, the exclusive representative, and applicability of the WAMCA.
• The hearing of parties for the first phase of the proceedings is scheduled for 14 March 2023. It will deal with jurisdiction, applicable law, admissibility of Emissions Justice, the appointment of an exclusive representative, and applicability of the WAMCA.