Volkswagen’s efforts to evade dual penalties in the wake of the dieselgate scandal hinge on whether the infractions are truly identical or merely bear resemblance, as clarified by Europe’s highest court on Thursday.
Ultimately, the decision rests with an Italian court, which will base its judgment on guidance provided by the Court of Justice of the European Union (CJEU) in Luxembourg, as reported by Reuters.
The case revolves around Volkswagen’s contestation of a 5-million-euro ($5.4 million) antitrust fine imposed by Italian authorities in 2016. This fine was the result of misleading advertising by Volkswagen concerning vehicles equipped with illicit emissions control mechanisms.
Read more: BMW & Volkswagen Won Appeal Against UK Antitrust Regulator
Volkswagen argues that it should not face dual penalties for the same transgression, particularly as it had already paid a 1 billion euro fine in Germany in 2018. The diesel emissions scandal has inflicted a financial toll of more than 32 billion euros on Volkswagen, covering expenditures for retrofits, fines, and legal expenses.
In 2019, the Italian court dismissed Volkswagen’s appeal, asserting that there was no case of double jeopardy since the Italian fine was based on a distinct legal foundation. Subsequently, Volkswagen escalated the matter to the Italian Council of State, which sought guidance from the CJEU.
The CJEU judges underscored that double jeopardy “may only be invoked when the facts underpinning both sets of proceedings or the two penalties in question are indistinguishable. Mere similarity of these facts is insufficient to trigger double jeopardy.”
Source: Reuters
Featured News
European Music Streaming Firms Rally Against Apple’s Proposed Remedies
May 9, 2024 by
CPI
Google and South Carolina Clash Over State Records Demand
May 8, 2024 by
CPI
Telefonica Germany Teams Up with Amazon Web Services to Migrate 5G Customers
May 8, 2024 by
CPI
Federal Judge Grants $7.4 Million Settlement in Pork Price-Fixing Case
May 8, 2024 by
CPI
Wilson Sonsini Bolsters Antitrust and Competition Practice with Key Partner Returns
May 8, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Ecosystems
May 9, 2024 by
CPI
Mapping Antitrust onto Digital Ecosystems
May 9, 2024 by
CPI
Ecosystems and Competition Law: A Law and Political Economy Approach
May 9, 2024 by
CPI
Ecosystem Theories of Harm: What is Beyond the Buzzword?
May 9, 2024 by
CPI
Open Ecosystems: Benefits, Challenges, and Implications for Antitrust
May 9, 2024 by
CPI