
The Consumentenbond group cited studies it said showed software had been installed in BMW vehicles that lowered nitrogen emissions during testing.
“However, under normal driving conditions, these vehicles exhibit alarmingly high emissions,” said the association, which launched the case with another group called Car Claim.
Consumentenbond head Sandra Molenaar said in a statement: “It’s shameless how BMW misled both the inspection bodies and consumers.”
“The company must take responsibility for this. We want BMW to compensate the consumers they misled,” added Molenaar.
The case concerns all BMW and MINI diesel cars sold on the Dutch market between Jan 1, 2009, and Sept 1, 2019.
Contacted by AFP, a spokesman for BMW said the manufacturer had learned about the lawsuit through the media but that “no such claim has yet been served”.
“We therefore do not know the specific allegations that… Car Claim has advanced in its claim,” spokesman Andrew Mason told AFP.
The Car Claim group urged BMW to recall any cars affected and refit them, while also compensating current and former drivers of the vehicles.
Guido van Woerkom, chairman of Car Claim, said in a statement published by Consumentenbond: “Although we have initiated legal proceedings, we continue to urge BMW to engage in discussions to reach a fair solution together.”
The potential lawsuit is another chapter in a long-running emission scandal dubbed “dieselgate” affecting multiple globally renowned carmakers.
It first erupted in September 2015, when German automaker Volkswagen admitted to fitting millions of vehicles with software to make engines appear less polluting in regulatory tests than in real driving conditions.
It caused waves in the car industry worldwide, ensnaring several other top carmakers and leading to legal action in multiple countries including France, South Korea and the United States.
In February 2019, German prosecutors fined BMW 8.5 million euros (then equivalent to US$9.8 million) over diesel cars which produced higher harmful emissions than allowed.
However, prosecutors said the infraction was down to error rather than deliberate fraud.