The Dieselgate : A Legal Perspective / edited by Marco Frigessi di Rattalma.

Format:

Book

Contributor:

Frigessi di Rattalma, Marco., Editor.

Language:

English

Subjects (All):

Conflict of laws.

Law—Europe.

Environmental law.

Environmental policy.

Environmental law, International.

International law.

Trade.

Private International Law, International & Foreign Law, Comparative Law .

European Law.

Environmental Law/Policy/Ecojustice.

International Environmental Law.

International Economic Law, Trade Law.

Local Subjects:

Private International Law, International & Foreign Law, Comparative Law .

European Law.

Environmental Law/Policy/Ecojustice.

International Environmental Law.

International Economic Law, Trade Law.

Physical Description:

1 online resource (X, 218 p.)

Edition:

1st ed. 2017.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2017.

Summary:

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).

Contents:

Introduction by Marco Frigessi di Rattalma

Part I National Perspectives: France by Laurent Posocco

Germany by Christoph U. Schmid

Italy by Giovanni Posio

United Kingdom by Stephen Turner

United States of America by Joseph Allan MacDougald

Part II Specific Issues: Civil and Consumer Law by Giorgio Pedrazzi

Corporate and Insurance Law by Adolfo Paolini

Criminal Law by Marisa Maraffino

Environmental Law - Environmental Claims by Sara Landini

Environmental Law - International and European Environmental Law by Francesca Romanin Jacur

European Union Law by Marco Frigessi di Rattalma and Gabriella Perotti.

Notes:

Includes bibliographical references.

ISBN:

3-319-48323-4