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German judge 'inclined to dismiss' hedge fund lawsuit against Porsche

Last year, around two dozen investors, including hedge funds, leveled a 1.4 billion euro ($1.95 billion at the time) lawsuit against Porsche in connection with the automaker's attempted takeover of Volkswagen in 2008. The Stuttgart Regional Court dismissed the case. Around 19 of those plaintiffs are heading back to court to appeal the ruling and still hope to get 1.2 billion euros ($1.4 billion). However, according to one German judge, the chances for success aren't any better this time around. "On balance it's our view that we consider the lawsuit, or the appeal, to be unpromising for several reasons," Gerhard Ruf, a judge in Stuttgart, said to Reuters. "We are inclined to dismiss the case." The court's ruling on the appeal will be announced on March 26. The investors' case hinges on Porsche's strategy surrounding the botched takeover. The sports car maker said that it wasn't trying to control VW, when in fact it was. These hedge funds had bet against Volkswagen stock, but the share price surged when Porsche's plan inevitably came to light. Investors have sued the sports car company multiple times since then in attempts to recoup billions of dollars. However, none of the lawsuits have been successful, whether attempted in the US or Germany. Former Porsche CEO Wendelin Wiedeking and and CFO Holger Haerter might still stand trial for the alleged stock manipulation, though. News Source: ReutersImage Credit: Matthias Rietschel / AP Photo Government/Legal Porsche Volkswagen lawsuit hedge funds porsche lawsuit

CARB has 20 days to confirm VW's 3.0-liter TDI emission fix

VW's diesel scandal has been in the headlines since last September, but solving the problem it proving difficult. Volkswagen Group has submitted a proposal to the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA) to fix about 85,000 vehicles with the 3.0-liter diesel V6 in the US, Reuters reports. CARB now has 20 business days to test if the plan actually reduces emissions. If accepted, VW could finally begin a recall and end the stop sale on vehicles with these engines. In a statement, CARB pledged to, "respond following a thorough and complete review to make sure the plan addresses the presence of the illegal defeat device and follows the necessary environmental, vehicle and public health and safety regulations." Neither CARB nor the EPA outlined the proposed repairs, but Porsche CEO Oliver Blume already suggested the fix for the engine in the diesel Cayenne. Examples from 2013 and 2014 allegedly need a new catalytic converter and software update, and those from 2015 and 2016 only need the improved code. It's not yet clear whether this procedure would work for all models with the 3.0 TDI. While the EPA issued the notice of violation against VW's 2.0-liter four-cylinder diesel in September, the first one for the 3.0-liter V6 came in early November. By the end of the month, the agency broadened the scope to about 85,000 vehicles, including some examples of the VW Touareg, Audi A6, A7, A8, Q5, Q7, and Porsche Cayenne. The affected companies issued stop sales on new models with the engine. Audi eventually admitted to regulators that it didn't disclose three auxiliary emission control devices in the powerplant's code and promised to develop a software update to fix the problem. CARB gave the automaker 45 business days to submit the proposed solution. If accepted, this repair would allow VW Group to end part of the emissions scandal, but there's no guarantee the regulators consent to this solution. Just a few weeks ago, CARB looked at the automaker's plan to fix the 2.0-liter TDI and rejected it, claiming a lack of detail.

$1.4B hedge fund suit against Porsche dismissed

Investors have canvassed courts in Europe and the US to repeatedly sue Porsche over its failed attempt to take over Volkswagen in 2008 (see here, and here and here), and they have repeatedly failed to win any cases. You can add another big loss to the tally, with Bloomberg reporting that the Stuttgart Regional Court has dismissed a 1.4-billion euro ($1.95B US) lawsuit, the decision explained by the court's assertion that the investors would have lost on their short bets even if Porsche hadn't misled them.
Examining the hedge funds' motives for stock purchases and the bets that VW share prices would fall, judge Carola Wittig said that the funds didn't base their decisions on the key bits of "misinformation," and instead were participating simply in "highly speculative and naked short selling," only to get caught out.
With other cases still pending, the continued streak of victories bodes well for Porsche's courtroom fortunes, since judges will expect new information to consider overturning precedent. If there is any new info, it could come from the potential criminal cases still outstanding against former CEO Wendelin Wiedeking and CFO Holger Härter, who were both indicted on charges of market manipulation.