VW Rejects Cash Offer For European Car Owners
04 July 2016 - 11:20AM
Dow Jones News
BERLIN—The day Volkswagen AG's lawyers were in court sealing a
historic $15 billion settlement to resolve its emissions scandal in
the U.S., Chief Executive Matthias Mü ller went to Brussels to try
to defuse a potential flare up with the European Commission over
demands that the German car maker also offer generous compensation
for nearly nine million European customers.
During the meeting on Thursday with Elzbieta Bienkowska, the
European Union Industry Commissioner, Mr. Mü ller made clear that
Volkswagen had no intention of offering equal compensation to
Europeans who bought tainted diesel vehicles. He said tougher U.S.
emissions standards made it more difficult to fix the cars to make
them compliant than in Europe, requiring the hefty payments in the
U.S., but not in Europe.
"I said this to the Commissioner in a personal conversation on
Thursday in Brussels," Mr. Mü ller said in comments published on
Sunday in Germany's weekly Welt am Sonntag newspaper.
While Mr. Mü ller's position is based on the differences between
American and European law, his main concern is that the company
would suffer potentially irreparable financial damage were it
forced to provide the same level of compensation for its European
customers. In the U.S., nearly 500,000 U.S. customers are affected,
but in Europe there are nearly nine million.
"Volkswagen is solid financially, but you don't have to be a
mathematician to see that damage payments in some arbitrary amount
would even be too much for Volkswagen to cope with," he told Welt
am Sonntag.
The comments are the strongest yet to demonstrate that the
German car maker has drawn a line in the sand and is preparing to
fight demands for compensation from both the European Commission as
well as attorneys who are readying class-action suits on behalf of
European customers and investors.
In 2015, Volkswagen took charges of €16.2 billion ($18.05
billion) to cover the costs of fixing vehicles in Europe and
funding the settlement in the U.S. The company has said repeatedly
that it doesn't foresee any further significant costs linked to the
emissions scandal.
As it became clear last week that Volkswagen had agreed to a
historic settlement, the highest ever paid by an auto maker in the
U.S., Ms. Bienkowska lashed out at the company for what she sees as
unfair treatment of its European customers in the wake of the
diesel scandal and dismissed the legal justification that Mr. Mü
ller invoked. "It is unfair if Volkswagen is hiding behind these
legal considerations," she said. "Volkswagen should voluntarily
provide European car owners with compensation that is comparable to
what it is paying U.S. customers."
Disclosure of the emissions-cheating scandal by U.S. authorities
in September led to a complete shake up of Volkswagen management,
caused the company's shares to plunge, and may have affected resale
values of the cars. Some owners are worried that Volkswagen's
planned fix to make the vehicles compliant with environmental laws
could affect the vehicles' performance.
After a marathon stretch of meetings with plaintiffs' attorneys
and U.S. officials that began in February, Volkswagen last week
agreed to pay up to $15 billion to settle class-action suits
affecting owners of its two-liter diesels in the U.S. The deal,
detailed in court documents, includes up to $10.03 billion for
owners of 475,000 affected vehicles with two-liter diesel engines,
including Jettas, Passats, Beetles, Golfs and Audi A3s. Volkswagen
also will pay $2.7 billion to an environmental remediation fund and
$2 billion to promote so-called zero-emission vehicle
technology.
Comparable compensation for its European customers would add up
to a minimum of around €40 billion, which is why Volkswagen has
made no comparable offer of compensation to European authorities,
who have yet to charge the company with any infraction of the law
or allow a major class-action suit to go to trial.
Volkswagen is in the midst of a European recall of the tainted
vehicles that will involve making a software update to some cars
and retrofitting hardware in the emissions systems of others.
Because European authorities have failed to launch an aggressive
legal response to Volkswagen's admission that it installed cheating
software on as many as 11 million diesel engines, most of which
were sold in Europe, analysts say Ms. Bienkowska isn't likely to
force Volkswagen to compensate European owners.
"The legal basis in Europe is different from that in America. In
Europe, consumer law and environmental law are irrelevant," said
Ferdinand Dudenhö ffer, head of the Center for Automotive Research
in Duisburg.
There are several class-action suits being prepared in Germany,
where the district court in Braunschweig has received more than 70
individual complaints. The complaints include one lawsuit on behalf
of nearly 300 investors that include several large pension funds
seeking more than €3 billion in damages. The court hasn't ruled on
whether it will accept the case.
The Berlin office of U.S. law firm Hausfeld & Co. LLP has
set up a website with €30 million in financing from Burford Capital
to sign up European victims of Volkswagen's diesel fraud. The law
firm welcomed the U.S. settlement, but said Volkswagen must now
tend to Europe.
"VW cannot cheat European consumers and escape accountability,"
said Michael Hausfeld, chairman of the law firm. "Europeans are no
less worthy of justice than their American counterparts."
Zeke Turner contributed to this article.
Write to William Boston at william.boston@wsj.com
(END) Dow Jones Newswires
July 03, 2016 21:05 ET (01:05 GMT)
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