Volkswagen to try blocking emissions audit in constitutional court

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Volkswagen stated on Thursday it would petition Germany’s constitutional court in an effort to reverse the consultation of a special auditor to examine the actions of management in the “Dieselgate” emissions scandal.

A lower court selected the auditor in November, in a triumph for shareholder groups that wish to establish whether VW employers kept market-moving details about the manipulation of vehicle-emissions tests.

The court in the town of Celle ruled that the automaker could not appeal, which the automaker deem a violation of its fundamental rights, the Sueddeutsche Zeitung stated in a report issued in advance of publication on Friday.

Volkswagen will attempt to get the work of the auditor suspended prior to the constitutional court hearing, stated the paper, which looked into the report together with public TV channels NDR and WDR.

A company spokesman confirmed that Volkswagen would go to the constitutional court however did not elaborate. It was not clear whether the constitutional court would take up the case.

Soon after the Dieselgate scandal broke in September 2015, Volkswagen worked with U.S. law office Jones Day and advisory company Deloitte to investigate the situations of its wrongdoing and who was accountable.

Although the automaker had promised to enhance transperancy, it never released the findings that were used as the basis for a $4.3 billion settlement with the United States Justice Department.

Investor groups seeking billions in damages from the automaker are attempting to establish when VW’s executive management board initially became aware of cheating in the emissions tests and if it revealed possible financial damage to investors without delay.

German securities law needs companies to publish any market sensitive news in a timely fashion. The issue is also being investigated by German prosecutors.

Volkswagen has stated it thinks its management adhered to commitments under German disclosure guidelines.

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