They will try a "miss-sold case" as there are no legal grounds for any other attack on VW, however they will fail, as there was enough small print covering VW in cases like the ones trying to be brought against them in the UK.
The US cases were completely different and regulations etc are completely different over there.
If it was so easy under EU and/or UK law to prosecute VW, the government would have brought them up against charges way before now, as soon as the US courts brought cases.
is there a good article that describes how the US laws were/are structured differently ?
maybe the legal cases could be directed against the eu parties who knowingly voted (with self-interest in the auto manufacturers) to pass the flawed european laws "turkeys not voting for christmas", or more likely, the mep's(?) were unable to understand the implications,
and power, should be placed in the hands of a technical meritocracy, as has been suggested in similar domains (global warming)