Sunday, March 6, 2016

VW exhaust scandal: legal gray area in question of admissibility of the software – Stuttgarter Nachrichten


 
 

From red / dpa "2016-03-06 20:35"> 06th March 2016 – 20:35

 
 
 
 
 

Go scandal at VW to est & # XF6; nth emission levels in diesel cars there are new insights. Photo: dpa

 For scandal at VW to sugarcoated exhaust emissions from diesel cars there are new insights Photo:. Dpa
 

External legal advisors have Volkswagen at its own representation still early August 2015, where no certainty about the admissibility of the question engine software.


 
 
 

Wolfsburg – Accordingly moved the legal assessment to the question whether the US authorities the software as an illegal shutdown (defeat device) likely to see or not, in a gray area in which the previous application of the law “highly subjective” and “inconsistent “is

.



External consulting

emerges from a VW response to shareholder lawsuits. VW could be the end of July amp of the US law firm Kirkland &; Ellis for communication with the control authorities in the United States external advice

.
 

It is called literal in the expertise of the added solid consultant: “There is considerable uncertainty as to whether in any particular case, a motor or an emission control system of a manufacturer actually having permissible or impermissible design features.”

<- stn-r - article (body text 4) (presentation.body.text)>
 

The VW Group looks after the previous internal clarification to exhaust scandal no evidence of complicity of the Board. Rather Volkswagen believes it can prove that the whole board knew only a few weeks before the public flying up the affair of the software manipulations. Other perspectives are allegations “out of the blue”, argue the advocates of the car manufacturer in a response to shareholder lawsuits that existed the German Press Agency on Sunday in Hanover

.
 brought

Be on the road

“Süddeutsche Zeitung” and “Handelsblatt” quoted on Sunday off the paper. The letter from the company had launched in the past week.
“The decision to change the engine control software, was rather taken by VW employees below board level to subordinate working levels of the range Powertrain Development at Volkswagen”, ie it in the next answer to the complaint.

“the board of Volkswagen had neither the programming of unauthorized software changes or by their subsequent use in the affected diesel aggregates knowledge, but learned of this issue until the summer 2015. “on the whole extent of the scandal with eleven million affected cars, the Group end of September the public informed via shareholder notification to the financial world.

After VW representation of the knowledge gained to the certainty was the whole dimension complicated and lengthy. So external legal advisors had given no certainty about the admissibility of the question engine software nor the beginning of August, 2015. Accordingly, the legal assessment moved to the question of whether the US authorities the software as an illegal shutdown (defeat device) likely to see or not, in a gray area in which the previous application of the law “highly subjective” and “inconsistent” is.

internal reconnaissance difficult

In addition, have their own technicians complicates the internal enlightenment. Accordingly, compacted only from May 2015 to the level of management, the indications “that it may be been used in breach of US law software”. Then you have the pressure, “in particular through inquiries with technicians of eligible departments intensified,” wrote VW. “These internal education efforts through the” walls “were difficult individual technician, eventually led to the disclosure of the software change” towards the concerned US authorities on September 3 of last year. Even then there was still lasted until the end of the month to have certainty about the dimension.

A key trigger for the scandal, the group sees in the time and cost pressure which prevailed in engine development. Accordingly chose Volkswagen technicians the way out of the illegal software, since they, unlike earlier no longer believed in the work for the scandal Motor EA189 to come on legal channels to your destination.

So is the balancing act between the exhaust requirements in the US and which the EU has always been more difficult to solve. “In essence, the entire diesel issue therefore is based on the (in principle but detachable) conflict of achieving the applicable US stringent nitrogen oxide emissions at the same time achieving the applicable especially in the EU soot particle and carbon dioxide limits,” says the statement of defense. Accordingly, the requirements are often an optimized only at the expense of the other. This conflict did leave eventually resort to the illegal way of manipulating the VW technicians.



Long undetected

The whole thing was done accordingly, according to current knowledge, already in November 2006 and remained so long undiscovered as was to implement the manipulation as low. “This program was carried out in particular at no cost approval by parent bodies, so it is no surprise that the Volkswagen board until years later learned of the software change,” writes VW.

The Group wants public in the second half of April . information on the status of the previous internal investigation and intelligence work


 

LikeTweet

No comments:

Post a Comment