El 'Dieselgate' ante los tribunales alemanes y norteamericanos: lecciones que cabe extraer respecto del tratamiento de la litigación masiva = The "Dieselgate' before the German and USA Courts: Lessons to Be Taken about the Treatment of Mass Litigation

The paper is directed to analyze the main aspects of the judicial proceedings conducted in the USA and in Germany in order to assess the liability of Volkswagen in the so-called "Dieselgate". The paper exposes in detail the background of the case and then explains its development before the courts of both countries, trying to account for the essential legislative and jurisprudential coordinates needed to contextualize it. After detecting the hurdles encountered in both jurisdictions to afford effective judicial relief for mass damages, certain comparative observations and comments are made. Overall, it is concluded that the model of dealing with mass litigation has proven in the USA more efficient than in Germany, where the so-called model process is unable to offer direct satisfaction of the rights of those who suffered the damages and applies only to consumers. Furthermore, a critical opinion is offered on the tendency of the German high courts to anticipate unifying jurisprudential criteria before the final adjudication of the appeal. On the other hand, in both countries there is a tendency to avoid judicial control of collective settlements. Finally, it is pro-posed that certain aspects of the legal regime of mass litigation in the US be transferred to the European legal systems while the importation of others considered highly detrimental is discouraged ​
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