Italy

Abstract

The Italian Competition Authority ruled that Volkswagen AG and Volkswagen Group Italy S.p.A. had jointly breached the Italian provisions concerning unfair commercial practices, implementing EU directives, and convicted the two companies to pay the maximum fine provided by Italian law (5 million euros). For the Italian Authority such practices, expressly admitted by VW after the scandal with specific advertisements published on Italian newspapers, were unfair, contrary to the requirements of professional diligence and were likely to distort the economic behavior of consumers. The Italian Authority stated that the conduct of Volkswagen AG and Volkswagen Group Italy S.p.A. was unfair, as the “green claims” or “environmental claims” used in their advertisements were in contrast with the evidence of real NOx emissions manipulated by the illegal defeat device. Also in the US similar proceedings are pending. After this decision the Italian consumers’ will be able to sue VW at the competent Courts claiming damages through specific follow-on actions.