Editors:
- Comparative approach
- Complete and comprehensive view of the various legal dimensions of the Dieselgate
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Table of contents (11 chapters)
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Front Matter
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National Perspectives
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Front Matter
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About this book
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).
Reviews
“The contributions … provide interesting comparative material and illustrate the diverse approaches and outcomes in the different countries involved. Each contribution gives an overview of the different possible grounds of action and of the actions effectively taken so far … . Some of the contributions … provide an interesting historical perspective and a detailed analysis of the implications for the national car manufacturers.” (Evelyne Terryn, EuCML Journal of European Consumer and Market Law, (2), 2018)
“This book is dedicated to illustrating the details of the Dieselgate story, together with legal national, E.U.. law and international law aspects, trying to provide the reader with reflections on the use of diesel vehicles in the face of the dramatic environmental emergencies that have been characterizing the world in the past years.” (Translated from Italian: Tullio Scovazzi, Rivista giuridica dell'ambiente, 2017)
“This book is of great interest to both lawyers and academics, and has the merit of dealing with the Dieselgate from the standpoint of various branches of law. An excellent book on a complex and highly topical subject.” (Translated from French: Marcel Fontaine, Revue de droit international et de droit comparé, (4), 2017)
Editors and Affiliations
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Department of Law, University of Brescia, Brescia, Italy
Marco Frigessi di Rattalma
About the editor
Editor
Marco Frigessi di Rattalma
Professor of European Law, University of Brescia; Vice Chairman Climate Change and Insurance, Working Party, International Insurance Law Association AIDA – marco.frigessidirattalma@unibs.it
Authors
Sara Landini University of Florence, Florence, ItalyJoseph Allan MacDougald University of Connecticut School of Law, Hartford, CT, USA
Marisa Maraffino Law Firm Marraffino, Milan, Italy
Adolfo Paolini University of Buckingham, Buckingham, UK, and DAC Beachcroft LLP, London, UK
Giorgio Pedrazzi University of Brescia, Brescia, Italy
Gabriella Perotti University of Brescia, Law Department, Brescia, Italy
Giovanni Posio University of Brescia, Brescia, Italy
Laurent Posocco Université de Corse Pascal Paoli, Corte, France
Francesca Romanin Jacur University of Milan, Milan, Italy
Christoph U. Schmid Centre of European Law and Politics (ZERP), University of Bremen, Bremen, Germany
Stephen Turner DAC Beachcroft LLP, London, UK
Bibliographic Information
Book Title: The Dieselgate
Book Subtitle: A Legal Perspective
Editors: Marco Frigessi di Rattalma
DOI: https://doi.org/10.1007/978-3-319-48323-8
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG 2017
Hardcover ISBN: 978-3-319-48322-1Published: 07 February 2017
Softcover ISBN: 978-3-319-83913-4Published: 13 July 2018
eBook ISBN: 978-3-319-48323-8Published: 20 January 2017
Edition Number: 1
Number of Pages: X, 218
Topics: Private International Law, International & Foreign Law, Comparative Law , European Law, Environmental Law/Policy/Ecojustice, International Environmental Law, International Economic Law, Trade Law