Dutch consumers organisation Consumentenbond and mass claim foundation Car Claim are taking BMW to court for allegedly using illegal emissions-cheating software in its diesel cars.

The group says BMW misled buyers by making the vehicles appear cleaner than they actually were. Around 100,000 cars sold to Dutch buyers are affected.

The organisations says the software artificially reduced nitrogen oxide (NOx) emissions during official approval tests, allowing the cars to meet legal standards on paper while emitting much higher levels in normal driving conditions.

BMW marketed its diesel models for years as “green, environmentally friendly and efficient”, encouraging customers to drive “without any guilt towards the environment”.

“It is shameless how BMW has deceived both regulators and consumers,” said Consumentenbond director Sandra Molenaar. “The company must take responsibility and compensate the people it misled.”

The case covers all BMW and Mini diesel cars sold in the Netherlands between 1 January 2009 and 1 September 2019. Car Claim wants BMW to recall and modify the vehicles so that they comply with emissions rules in practice, without affecting their performance.

It is also seeking compensation for all current and former owners who unknowingly bought cars fitted with the software.

“Although we have started legal proceedings, we continue to urge BMW to engage in dialogue and reach a fair solution,” said Car Claim chairman Guido van Woerkom. “The recent settlement for Volkswagen, Audi, Škoda and SEAT shows that a collective agreement is possible.”

The Volkswagen diesel scandal first emerged in 2015, and earlier this year Car Claim and the Consumentenbond reached a settlement with the Volkswagen Group to compensate Dutch motorists. Similar cases are still under way against Citroën, Dacia, Mercedes-Benz, Opel, Peugeot and Renault.

Scandal

The scandal, which became known as Dieselgate, has cost the manufacturer billions of euros in fines, settlements and recall costs.

Volkswagen has also been ordered to compensate car buyers in countries including the US,  Belgium, Germany, Italy and Spain.