BRUSSELS – Volkswagen Group’s try to keep away from being penalized twice for a similar offence in relation to the diesel scandal will rely upon whether or not the wrongdoing is an identical or simply comparable, Europe’s high courtroom stated.
An Italian courtroom may have the ultimate say based mostly on the reference supplied by the Luxembourg-based Court of Justice of the European Union (CJEU).
The case facilities on VW’s problem towards a 5-million-euro ($5.4 million) Italian antitrust high-quality levied in 2016 for its deceptive promoting about automobiles fitted with unlawful emissions management gadgets.
The automaker stated it shouldn’t be sanctioned twice for a similar offence after it individually paid a 1-billion-euro German high-quality in 2018.
The diesel-emissions scandal has value VW greater than 32 billion euros in refits, fines and authorized prices thus far.
The Italian courtroom in its 2019 ruling dismissed VW’s enchantment, saying there was no double jeopardy concerned because the Italian high-quality derived from a distinct authorized foundation.
The firm took its case to the Italian Council of State which then sought recommendation from the CJEU.
Double jeopardy “may apply only where the facts to which the two sets of proceedings or the two penalties at issue relate are identical; it is therefore not sufficient that those facts be merely similar,” CJEU judges stated.
The case is Opinion in Case C-27/22 Volkswagen Group Italia and Volkswagen Aktiengesellschaft.
Source: europe.autonews.com
