In the process of dealing with the diesel emissions scandal, former VW boss Martin Winterkorn (77) comprehensively rejected the allegations made against him. Before the Braunschweig regional court on Wednesday, he emphasized that as CEO he had primarily made strategic decisions: “On the other hand, it is not the task of a CEO to personally overcome individual challenges to technical development.”
Winterkorn continued in his long statement, parts of which were also read out by his lawyers, that he was not involved in the decisions about the development and use of an “irregular software function in the new VW diesel engines.” “I am not an engine developer, I am not a specialist in emissions control, nor am I a software expert who has dealt with the control of engines and emissions control systems.”
As a result, he didn’t understand what the technical problems were at the time. He also did not realize “that VW had been on the market in the USA for several years with irregular software applications.” He did not receive the necessary explanations from his technicians.
Winterkorn went on to say that the public prosecutor’s accusation that he had failed to act as required, had deceived and damaged customers and shareholders and had therefore committed a criminal offense, affected him “very significantly”. When he resigned in 2015, he took on “responsibility for this disaster” and also financially. “But I think it is far-fetched to make a criminal accusation against me, as the Braunschweig public prosecutor’s office is trying to do with its charges.”
In the criminal proceedings, Winterkorn has to answer in court for commercial fraud, market manipulation and unsworn false statements. The Braunschweig regional court has scheduled 89 appointments for this purpose. Winterkorn had known since May 2014 that diesel cars from the Wolfsburg manufacturer were in the market USA did not meet the requirements, said prosecutor Andy Belke when reading out the indictment. From 2015 it was clear to him that this also applied to vehicles in Europe. Winterkorn did not stop the delivery of the cars and thereby deceived buyers.
Lawyer: “Clear gap in the indictment”
Winterkorn’s lawyer, meanwhile, sees clear gaps in the indictment. “Little to nothing has been proven” about the allegations made, said defense attorney Felix Dörr on Wednesday, according to the speech manuscript. This is also due to the fact that the indictments were drawn up years ago and more information has been gained in the meantime. Winterkorn will reject the allegations.
At the same time, the now 77-year-old has an interest in the allegations being clarified. “The diesel issue should then finally be brought to a close – at least with regard to our client – nine years after the events began. Our client would also like to be able to come to terms with this issue at some point.”
Dörr went on to say that in the public eye, Winterkorn was blamed for everything that went wrong at Volkswagen in the diesel complex. But that is not correct. “The person at the top of an organization is responsible for its leadership and supervision,” said Dörr. “If he makes mistakes, he is liable to the organization, but he is not necessarily liable to prosecution for fraud to the detriment of customers or the company’s investors. To do this, the prosecution would have to have gathered enough facts that there would be at least a 50 plus one percent probability of a conviction. We’re a long way from that.”
In 2015, under pressure from the US Environmental Protection Agency (EPA), Volkswagen admitted that it had manipulated diesel emissions values using software. This ensured that the engines met the nitrogen oxide limits on the test bench, but emitted many times more of these exhaust gases on the road. Winterkorn had to resign from his position. The scandal triggered a large number of lawsuits. In June 2023, the former head of the Volkswagen subsidiary Audi, Rupert Stadler (61), sentenced by the Munich Regional Court to a suspended sentence and a fine worth millions.