MyRight has accused VW of breaching European Union law by selling cars with software that was banned under EU rules.
VW has said the software that cheated emissions tests does not violate European law but is in the process of removing it, insisting that will inflict no loss of value on car owners.
MyRight said it planned to launch at least another 10 test cases on behalf of consumers after environmental group Deutsche Umwelthilfe brought cases in the 10 most polluted cities in Germany seeking to withdraw the licence of affected VW cars.
MyRight founder Jan-Eike Andresen said those cases showed the emissions scandal was set to escalate despite an agreement brokered by the government earlier this month to overhaul engine software on 5.3 million diesel cars.
“The government is trying to show before the election that it has everything under control, but the opposite is true,” Andresen said. “It is now up to the courts because politicians have sat back and done nothing.”
In Germany, test cases aim to resolve generic or common issues for other related cases, but unlike in a U.S. class action, they do not have the legal effect of resolving all individual claims.
Separately, myRight has gathered 25,000 VW owners for a class action lawsuit it plans to file by October.
(Reporting by Emma Thomasson; Editing by Mark Potter)
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