Another Monday and another ruling against VW.
'A U.S. appeals court ruled Monday Volkswagen AG may face “enormous” additional liability in the “Dieselgate” scandal finding that two counties can enforce regulations against the German automaker for tampering with post-sale vehicles. The court said it recognized the ruling “may result in the imposition of unexpected (and enormous) liability on Volkswagen.”
"The unanimous ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals, sitting in Anchorage, Alaska, was a victory for Utah’s Salt Lake County and Florida’s Hillsborough County. The counties sued VW for causing excess diesel emissions harmful to the environment and could in theory seek billions of dollars in damages.
Volkswagen settled U.S. criminal and civil actions prompted by the cheating scandal for more than $20 billion, but that did not shield it from liability from local and state governments, the 9th Circuit noted.
The 9th Circuit found that nothing in the Clean Air Act “raises the inference that Congress intended to place manufacturers beyond the reach of state and local governments.”
The Federal Court of Justice on Monday ruled against German automaker Volkswagen in the country's first case brought by a car owner over the company's emissions test cheating.
The court said that people who had purchased a VW automobile equipped with software that manipulated emissions tests are entitled to financial compensation. They can return the vehicle and receive partial financial reimbursement from the automaker.
The car's mileage will be taken into account when calculating reimbursement, the court said.
"The behavior of the defendants is to be deemed unethical," said presiding judge Stephan Seiters in the Court's judgment.
The ruling paves the way for thousands more German Volkswagen owners whose vehicles were fitted with devices designed to manipulate emissions tests to claim compensation.
VW had previously settled for $25 billion in the US and other countries in 2016, and until recently had failed to settle with German car owners.
Last fall the automaker agreed to pay out AU$127 million ($83 million, €76 million) as a settlement for multiple class-action lawsuits it faced from Australian customers. In January, a Canadian court ordered VW to pay fines of nearly CAN$2 million ($1.4 million, €1.3 million) on top of the CAN$2.4 billion it had already paid, a sum "26 times the highest fine ever for a Canadian environmental offence."
Courts have also ordered other carmakers involved in the scandal to pay fines and to recall thousands of vehicles believed to be equipped with emissions-cheating software.
Some 60,000 individual cases against VW are currently pending across Germany, according to VW. Lower German courts follow decisions taken by the higher court, meaning the ruling greatly increases the chances of car owners winning their individual suits, which could result in a payout from the carmaker. In July, the court will take up further cases linked to the scandal. These include suits against the car DEALERS who sold the Volkswagen as well as against OTHER carmakers.
Please don't ever trust these companies again with your money.