Bloomberg recently interviewed Frankfurt-based Litigation counsel Alexander Druckenbrodt in “Imaginary VW Deadline Prompts Flood of Real Investor Lawsuits,” regarding his thoughts on an article recently written by Andreas Tilp, a well-known, German investor protection lawyer representing investors in the €3.3 billion Volkswagen AG (VW) suit.
Contested by Druckenbrodt, Tilp’s legal opinion claims that on September 18, 2016, one year after the notice of violation by the EPA against VW was made public, claims based on the VW’s omission to publish ad-hoc notifications may become time barred.
Druckenbrodt, first to publish an article regarding the matter in Neue Juristische Wochenschrift – NJW, a major German law journal in December 2015, stated,"Mr. Tilp certainly achieved one thing—causing a huge insecurity on the side of the investors. Nothing will happen on September 19. In my view, claims won’t be time barred if you don’t file your suit by then."
Druckenbrodt was further quoted in Bloomberg’s article, “Volkswagen Suits May Have German Court’s Fax Machine Overheating,” where he commented on Germany’s electronic filing system for such expansive cases, which is limited, and how many lawyers still do not view electronic filing as a viable or secure option. Specific to this case, Lower Saxony, the home state to Volkswagen, doesn’t offer any electronic filing for civil litigation.
"Since everyone thinks Monday’s key, it’s pretty likely that you won’t get through via the court’s fax machine," Druckenbrodt said. "In such a situation I would never file a brief via fax. You’d rather send via courier, who delivers the package directly.”
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