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The Dieselgate - A Legal Perspective (Hardcover, 1st ed. 2017)
Loot Price: R4,787
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The Dieselgate - A Legal Perspective (Hardcover, 1st ed. 2017)
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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).
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