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Porsche faces fresh fine over 2015 diesel cheating scandal

German prosecutors on Monday said they have launched new legal proceedings over Porsche's role in the diesel emissions cheating scandal that erupted in 2015, which could leave the luxury carmaker facing a large fine.

Porsche faces fresh fine over 2015 diesel cheating scandal
A test drive of a classic open-air Porsche in February 2019. Photo: DPA

“We have opened an administrative proceeding (against Porsche AG) at the end of which a court could impose a fine,” a spokesman for the Stuttgart prosecutor's office told AFP, confirming a Bloomberg News report.

Porsche's parent company Volkswagen and fellow high-end subsidiary Audi 
were last year hit with similar “administrative” cases by prosecutors in Brunswick and Munich, which are separate from any ongoing criminal investigations against company individuals.

Both VW and Audi drew a line under their administrative orders by accepting a financial penalty and admitting responsibility for breaching air pollution requirements.

VW paid €1 billion euros while Audi was slapped with an 800 million euro fine.

Under German law, a company can be fined in this way if executives are found to have failed to take the necessary supervisory measures to prevent illegal activities.

In a statement, Porsche said it would fully cooperate with the investigation but reiterated that it believed the company had not fallen foul of its supervisory duties.

The so-called “dieselgate” scandal broke in 2015 when Volkswagen was forced to admit it had equipped some 11 million diesel cars worldwide with software designed to skirt regulatory tests to make the engines seem less polluting than they were.

VW's own-brand vehicles were among those affected by the years-long scam, as well as cars from its Porsche, Audi, Skoda, Seat stable of brands.

The scandal has so far cost the VW group more than 28 billion in penalties, buy-backs and refits, and it remains mired in legal woes at home and abroad.

Prosecutors in Stuttgart have also opened investigations against two 
current and one former Porsche employee, as well as against persons unknown, on suspicion of fraud and false advertising over the dieselgate scandal.

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POLLUTION

Germany can jail officials who flout anti-pollution rulings, court says

Germany can jail officials for failing to enforce inner-city bans on polluting vehicles, but only under specific legislation that respects proportionality, the European Court of Justice ruled Thursday.

Germany can jail officials who flout anti-pollution rulings, court says
Photo: DPA

It would be up to the German justice system to determine whether such politicians should face jail time, the court said, after being asked to rule on a long-standing dispute between environmental activists and the state government of Bavaria.

In a legal tug-of-war stretching back to 2012, environmental group Deutsche Umwelthilfe (DUH) is attempting to force the Bavarian government to implement measures against air pollution in the state capital Munich.

Both activists and the judiciary have claimed the Bavarian government is flagrantly ignoring a 2014 Munich court decision demanding a plan of action to include a city ban for diesel-fuelled vehicles.

Thursday's ECJ opinion, though not legally binding, could have implications for leading politicians in the Bavarian sister party of Chancellor Angela Merkel's ruling Christian Democrats.

The ECJ said any jail sentence would require “a national legal basis which is sufficiently accessible, precise and foreseeable in its application”.

It added that such punishment must be “proportionate”.

READ ALSO: How German diesel bans have ignited a debate about dirty tricks and dodgy money

The court's advocate general had said in November that no such legal basis appeared to exist in Germany.

The Bavarian higher administrative court referred the case to the ECJ in November 2018, saying that “high-ranking political figures (had) made it clear, both publicly and to the court, that they would not fulfil their
responsibilities.”

Saying a €4,000 fine had proved “inefficient”, it asked the magistrates in Luxembourg to advise on the legality of threatening lawmakers with imprisonment.

In Thursday's ruling the ECJ recalled that the “referring court found that ordering the payment of financial penalties was not liable to result” in a change in conduct since the fine would be credited as income for Bavaria and thus “not result in any economic loss”.

It said incarceration should be a recourse “only where there are no less restrictive” measures such as stiffer, renewable fines whose payment “does not ultimately benefit the budget from which they are funded”.

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