The ‘Diesel Scandal’ project is a research project focusing on legal doctrine, legal facts and legal policy, which was launched in the wake of the VW diesel scandal (EA 189 engine). Professor Heese has independently and critically monitored the judicial proceedings relating to the diesel scandal from an academic perspective over a number of years.
Scientific support and analysis
I. Editorial on the first wave of legal action (VW EA 189 engine)
Heese, ‘Manufacturer Liability for Tampered Diesel Motor Vehicles’, NJW 2019, 257–263 (external link, opens in a new window).
Heese, Re-examination: Manufacturer liability for tampered diesel motor vehicles – An overview of the case law of the Higher Regional Courts, JZ 2020, 178–189 (external link, opens in a new window).
II. (Lead) Article on the second wave of lawsuits (further VW engines, Daimler, etc.)
Heese, ‘Fact-finding in the diesel scandal – problems and remedies’, NJW 2021, 887–893 (external link, opens in a new window).
Heese, ‘Rome is not in Karlsruhe’, NJW Editorial, Issue 26/2022 (external link, opens in a new window).
Heese, Commentary – VW Diesel Scandal 2.0, or: Groundhog Day, JZ 2022, 776 (external link, opens in a new window).
III. A critical (interim) assessment of the academic and judicial review of the matter
Heese, ‘Compensation for loss of use in favour of manufacturers of manipulated diesel vehicles?’, VuR 2019, 123–129 (external link, opens in a new window).
Heese, ‘What the diesel scandal reveals about law enforcement, its key players and the role of private law’, NZV 2019, 273–279 (external link, opens in a new window).
Heese, ‘Nothing but expenses’ – The diesel scandal, tort law and the Federal Court of Justice,
NJW 2020, 2779–2785 (external link, opens in a new window).
Heese, ‘Rome is not in Karlsruhe’, NJW Editorial, Issue 26/2022 (external link, opens in a new window).
IV. On the need for reforms in civil procedure and in the area of collective redress
Heese, ‘Individual Legal Protection for Consumers’, NJW Editorial, Issue 49/2018. (opens in a new window). (This PDF is not accessible)
Heese, ‘The Model Declaration Action and the Diesel Scandal – Milestones on Germany’s Long Journey Towards Modern Procedural Law’, JZ 2019, 429–440 (external link, opens in a new window).
Heese, ‘Run for your lives!’, NJW Editorial, Issue 36/2019 (opens in a new window). (This PDF is not accessible).
Heese, ‘Individual claims in the shadow of the model declaratory action?’, NJW Editorial, Issue 10/2020 (opens in a new window). (This PDF is not accessible).
Heese, ‘The Litigation Industry?’, NJW Editorial, Issue 9/2021 (external link, opens in a new window).
Heese, ‘Fact-finding in the diesel scandal – problems and remedies’, NJW 2021, 887–893 (external link, opens in a new window).
Heese/Schumann, A preliminary ruling procedure before the Federal Court of Justice, NJW 2021, 3023–3029 (external link, opens in a new window).
Heese, ‘Mass Cases Make Bad Law’, NJW Editorial, Issue 3/2022 (external link, opens in a new window).
Heese, ‘A Step Too Short’, NJW Editorial, Issue 27/2023 (external link, opens in a new window).
V. On the need for reforms in German and European sales law
Heese, Regulation through the Law of Sale – Key Aspects and Shortcomings of the EU Directive on the Sale of Goods,
AcP 222 (2022), 703, 726 et seq (external link, opens in a new window).
VI. Publication of court rulings: lessons from the diesel scandal
Heese, ‘The Publication of Court Decisions in the Age of Digitalisation – Current Status and Shortcomings in a Fundamental Requirement of the Modern Constitutional State’, in: Althammer/Schärtl, *Dogmatics as a Foundation for Research and Teaching: Festschrift for Herbert Roth on his 70th Birthday* (external link, opens in a new window), 2021, pp. 283–340. Extract from the paper: Introduction – Key Theses – Proposed Regulation (opens in a new window). (This PDF is not accessible).
Press and media interviews
- "Law professor on the diesel scandal. Why the prospects of success are good for claimants. Michael Heese, a law professor at the University of Regensburg, is systematically analysing diesel-related court rulings. His prediction: the claimants have a good chance in court",
Interview in the Handelsblatt (www.handelsblatt.com), 18 July 2019.
- “The People vs Volkswagen”.
Interview in Focus magazine (issue 35/2019 and www.focus.de), 31 August 2019.
- “Class action against VW: VW acted with intent”,
Interview in the *Neue Osnabrücker Zeitung* (print edition and www.noz.de), 28 September 2019.
- “VW trial: Law professor Michael Heese: ‘VW’s conduct is in breach of good faith’. Legal expert Michael Heese criticises the model class action against VW. However, he believes there is a good chance that the claimants will be awarded damages.”
Interview in the *Handelsblatt* (print edition and www.handelsblatt.com), 1 October 2019.
- “Diesel car owners versus VW. Is the model claim worthless?”
Interview for ZDF Frontal21, broadcast on 8 October 2019.
- “VW diesel scandal: Paid off and hushed up” and “VW and the scientific community: Unclear circumstances surrounding the investigation into the diesel scandal”,
Interview in the *Handelsblatt* (print edition and www.handelsblatt.com), 7 November 2019.
- “Diesel buyers v. VW: Who wins and how often?”,
Interview for NDR (www.ndr.de/niedersachsen) dated 24 November 2019 (surprisingly no longer available on the NDR website, but can be found here).
- “Corporate liability, corporate morality and ethos in law”,
Interview for the University of Regensburg (www.uni-regensburg.de), 25 November 2019.
- “It could end up costing Volkswagen dearly – Michael Heese has studied the civil claims brought by VW customers more thoroughly than any other academic. He believes the individual claimants have a clear advantage”,
Interview in the Handelsblatt (www.handelsblatt.com), 3 January 2020.
- “Defeat for Volkswagen”,
Interview on ZDF’s heute journal, broadcast on 25 May 2020.
- “Diesel scandal – ‘Certainly open to moral criticism’”,
Interview in the *Süddeutsche Zeitung* (print edition and www.sueddeutsche.de), 26–27 May 2020.
- “Federal Court of Justice ruling. Diesel scandal reaches its conclusion”,
Interview in ZEIT ONLINE (www.zeit.de), 25 May 2020.
- “Landmark ruling. Federal Court of Justice rules on lawsuit in the diesel scandal”,
Radio interview on DLF-Kultur, broadcast on 25 May 2020.
- “The second wave is coming: Federal Court of Justice ruling on the diesel scandal”,
Radio interview on WDR (Morgenecho), broadcast on 25 May 2020.
- “VW ruling in the diesel scandal”,
Radio interview on Bavaria 2 (radioWelt), broadcast on 26 May 2020.
- The Braunschweig stronghold falls – VW faces further costs running into hundreds of millions
Interview in the *Handelsblatt* (www.handelsblatt.com), 24 June 2020.
- Further hearings at the Federal Court of Justice (BGH) in the diesel scandal,
Interview on BR Rundschau, broadcast on 28 July 2020.
- Diesel scandal: ‘How the wave of lawsuits is paralysing the courts’,
Interview on ARD’s ‘plusminus’, broadcast on 11 November 2020, and on BR’s ‘Rundschau’, broadcast on 16 November 2020.
- ECJ ruling: “What the diesel ruling means for car owners and manufacturers”,
Interview in the *Süddeutsche Zeitung* (print edition and www.sueddeutsche.de), 17–18 December 2020.
- Setback for Daimler: Appeal against recalls rejected,
Interview for BR and Tagesschau (www.tagesschau.de / www.br.de), 5 February 2021.
- Diesel scandal: How Daimler is fending off lawsuits from Mercedes drivers,
Interview on ARD’s ‘plusminus’, broadcast on 10 February 2021.
- “What lies behind the class action lawsuit against Daimler”,
Interview in the *Süddeutsche Zeitung* (www.sueddeutsche.de) dated 7 July 2021.
- “ECJ ruling on thermal windows”, radio interview on Bavaria 2 (radioWelt), broadcast on 14 July 2022.
- “Diesel scandal: It’s still a messy business. The case against former Audi CEO Rupert Stadler could soon come to a conclusion. But the diesel scandal is far from being resolved”, interview in ZEIT Online, 16 May 2023.
- “Will mass trials ease the burden on the judiciary?”,
Interview on ARD/ZDF’s Mittagsmagazin on 16 May 2023, on SWR Aktuell on 16 May 2023 and on tagesschau.de on 16 May 2023.
- How start-ups are challenging the courts,
Interview in the FAZ Sonntagszeitung on 27 October 2024.