Court ruling: appeal Volkswagen unfounded
On July 9 2024, the District Court of Rotterdam ruled in Volkswagen’s appeal case against the fine imposed by the ACM.
The court confirmed the fine imposed on Volkswagen.
This means that the earlier decision of the ACM in this case was correct. This case concerns the diesel emissions scandal. Between 2009 and 2015, Volkswagen, by installing software, manipulated mandatory emissions tests. The ACM launched an investigation into the diesel emissions scandal in 2017 at the request of the Consumers' Association (in Dutch, Consumtenbond) and imposed a (then maximum) fine of EUR 450,000 on Volkswagen. This is the first case in which the ACM determined that sustainability claims are misleading if they are false.
There was a long time-gap prior to the ruling in this case was because it was first necessary to await rulings on this topic from the Court of Justice. The District Court agreed with the ACM that Volkswagen misled consumers. Volkswagen presented its cars as sustainable and environmentally friendly even though the mandatory emissions tests were unreliable.
In addition, it is misleading that Volkswagen claimed that the cars met European approval requirements when they did not. The fact that Volkswagen installed manipulation software further violates the requirements that may be demanded of a professional company like Volkswagen (professional diligence).
Parties still have the opportunity to file an appeal with a higher court.