German Handelsblatt: Legal dispute: Good prospects for VW in the dispute over the Italian fine of millions007693

Volkswagen

The background is a case in Italy, according to which VW would have to pay a fine of five million euros for cars sold in the southern European country with illegal defeat devices.

(Photo: IMAGO/Kirchner-Media)

The car manufacturer has achieved partial success in the legal dispute over possible double punishment against Volkswagen due to allegedly illegal defeat devices. The judges of the European Court of Justice (ECJ) decided on Thursday in Luxembourg that the ban on double punishment can in principle apply in such cases. This principle, enshrined in EU law, states that you cannot be punished twice for the same thing. An Italian court must now decide on the legality of the fine.
The background is a case in Italy, according to which VW would have to pay a fine of five million euros for cars sold in the southern European country with illegal defeat devices. In 2018, Volkswagen paid a fine of one billion euros in Germany for 10.7 million affected diesel vehicles marketed worldwide, including those sold in Italy.

The defeat devices reduce the exhaust gas recirculation rate at low outside temperatures, which leads to an increase in nitrogen oxide emissions. Automakers argue that this helps protect the vehicle’s engine from harsh weather. Such defeat devices were at the center of the so-called diesel scandal that rocked the German auto industry in recent years. The technology is seen as a tool to make the pollutant emissions of cars appear lower in tests than they are in real traffic.
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