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The Dieselgate

A Legal Perspective

  • Marco¬†Frigessi di Rattalma

Table of contents

  1. Front Matter
    Pages i-x
  2. National Perspectives

    1. Front Matter
      Pages 1-1
    2. Laurent Posocco
      Pages 3-26
    3. Christoph U. Schmid
      Pages 27-46
    4. Giovanni Posio
      Pages 47-66
    5. Stephen Turner
      Pages 67-82
    6. Joseph Allan MacDougald
      Pages 83-110
  3. Specific Issues

    1. Front Matter
      Pages 111-111
    2. Giorgio Pedrazzi
      Pages 113-120
    3. Adolfo Paolini
      Pages 121-143
    4. Marisa Marraffino
      Pages 145-158
    5. Sara Landini
      Pages 159-170
    6. Marco Frigessi di Rattalma, Gabriella Perotti
      Pages 179-218

About this book

Introduction

This book explains, compares and assesses the legal implications of Dieselgate within a range of selected jurisdictions and at the EU, international and comparative law level.
The book analyses the US EPA-VW 14.7-billion-dollar settlement of 2016, one of the largest civil settlements in the history of environmental law. As it shows, the Dieselgate affair has raised a host of issues concerning corporate and social responsibility, tort liability, environmental liability, contractual defective products, warranty, and false environmental claims in a range of jurisdictions. Issues like repurchasing or retrofitting cars from consumers and making direct payments to consumers through car buy-backs and compensation are analysed. Further, the book relates how Dieselgate has also contributed to the discussion about the introduction of more effective collective measures of redress for consumers, such as class actions, in Germany, France, Italy and the UK.
The book subsequently reviews the criminal offences Volkswagen is currently confronted with in Germany, France and Italy, i.e. fraud and manipulation of capital markets (by belatedly providing shareholders with essential information relevant for the share value), and, potentially, environmental crimes. It demonstrates how Dieselgate has sparked new debates in Germany, Italy, France and the UK about the need to introduce enterprise liability for organised crimes, lack of compliance and control structures, and intentional violations of the law.
Lastly, the book discusses how EU law has sought to respond to Dieselgate and thus investigates the controversial EU Regulation No. 2016/646 introducing a "temporary conformity factor" of 2.1 (equivalent to a 110% increase on the current limit) to be applied for NOx in the new RDE testing cycle, and the works of the EU committee of inquiry into Emissions Measurements in the Automotive Sector (EMIS).

Keywords

Emissions Environment Fraud Consumers Fines and liabilities

Editors and affiliations

  • Marco¬†Frigessi di Rattalma
    • 1
  1. 1.Department of LawUniversity of BresciaBresciaItaly

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-48323-8
  • Copyright Information Springer International Publishing AG 2017
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-48322-1
  • Online ISBN 978-3-319-48323-8
  • Buy this book on publisher's site
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