The parliament advises the class action lawsuit

When it came out that the car manufacturer VW had fake exhaust gas values ​​in large styles, VW cars all over the world lost value. Around a quarter of a million VW customers received compensation. In the USA, France and Austria – but not in Switzerland. The instrument of the class action is not available there, as you know the USA and European countries.

As early as 2013, two years before this scandal, the parliament commissioned the Federal Council to enable the class action lawsuit here too. The discussion was very controversial. The matter came to the legal commission of the National Council, which commissioned a study. In 2023 it was added to a survey of companies to test the validity of the study.

Last October, a majority of the Commission from SVP, FDP and center politicians recommended the template to reject and warned that the class action lawsuit did not fit into the Swiss legal system and could « Americanize ». A commission reduction of SP, Greens, GLP and the Middle National Councilor Vincent Maitre criticized a lack of discussion of the template. Now she will be discussed in the National Council for the first time on Monday afternoon.

« The most important teeth were drawn »

Sara Stalder expects consumer protection to have the template a difficult stand in the National Council: « The business associations face dogmatically. » She does not understand this vehement fight in view of the desired changes: « It is not a strict template, the most important teeth have been drawn to her. »

« We are now an island of people who simply don't get their right, » says Stalder. With a damage of up to CHF 20,000, it is not worth taking the risk of a process for most. Therefore, the debate on Monday is so important: « Then it is about ensuring access to the right to most people here in Switzerland. »

Stalder does not legitimate find the fact that the collective action is promised to “Against Swiss law”: “American apples are compared with Swiss pears here.”

It is clear to them: « The applicable legal instruments do not apply. » The business associations knew against it with all their power. Therefore, it currently sees no other means than future scandals in the size of the VW diesel scandal to increase the pressure. « I hope that the parliamentary members will start thinking for normal people instead of just for corporations and industry. »

Switzerland went into a « shark pool »

Erich Herzog of Economiesuisse also recognizes that it cannot be worthwhile with deep disputes. He sees solutions in ombudal sites, technological means and optimization of the existing plaintiff types. « The template is now ten years old and pursues a completely outdated approach, » he says. « Switzerland goes into the shark tank of process financiers. »

Economiesuisse warns in a statement that the number of collective suits has doubled in Europe in the past five years. Countries such as the Netherlands and Great Britain are faced with the challenge of introducing sufficient regulations to brake specialized lawyers and process financiers.

Economiesuisse also fears that increasing cost pressure on companies and increased reputation risks could weaken Switzerland's business location due to publicity collective complaints.

Herzog also thinks that the American and Swiss legal system cannot be compared directly. « Collective lawsuits in the USA have arisen because companies have been largely free by the state, but has given the private very potent appeal. » Switzerland, on the other hand, has rely more on official control and thus regulation. « A private enforcement of the regulation makes no sense here. »