Homburger successfully represented Swiss importer of Volkswagen cars in Dieselgate declaratory action case

On September 7, 2017, Stiftung für Konsumentenschutz (SKS), a Swiss association for consumer protection, filed a declaratory action against Volkswagen AG and AMAG Import AG (AMAG), the independent Swiss importer for cars of the Volkswagen group, in the context of an emissions-rigging scandal. SKS sought a declaratory judgment stating that AMAG’s conduct had been unlawful under the Act on Unfair Competition. The Commercial Court of the Canton of Zurich declined jurisdiction, ruling that SKS lacked a legitimate interest under said Act to bring a declaratory action. On February 8, 2019, the Swiss Federal Supreme Court upheld the Commercial Court’s decision.

Homburger represented AMAG in the proceedings before the Commercial Court of the Canton of Zurich and the Swiss Federal Supreme Court. The Homburger team was led by partner Marcel Dietrich (Competition, Regulatory) and senior counsel Georg Naegeli (Litigation).