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$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.

South Korea to file criminal charges against VW exec

South Korea has tossed out Volkswagen's recall plans and is preparing to level criminal charges over its handling of the diesel emissions catastrophe, The Wall Street Journal reports. "Recall plans the company submitted to us earlier this month were insufficient and lacked key information, and thus are unacceptable," the South Korean Ministry of Environment said in a statement obtained by the WSJ. A ministry official hinted at the possibility of criminal charges earlier this month if VW's recall plan wasn't satisfactory, the Yonhap News Agency reports, and now it looks like it will actually follow through. According to the WSJ, South Korea has already ordered VW to recall 125,000 vehicles and slapped the automaker with a $12.3 million fine – one of the many countries to do so – but if it follows through with criminal charges against the company or its employees, it'd be among the earliest to so. Other countries, including the United States, are still exploring the possibility of criminal charges. Charges would likely come against both Audi Volkswagen Korea and its managing director, Johannes Thammer. It's not clear what the actual charge would be, but the WSJ claims Thammer could be facing up to five years in prison and a fine of 30 million won (around $24,700 at today's rates). For its part, VW officials in South Korea maintains that it is "doing its utmost to resolve the emissions issue" and that it plans to "offer further explanation" to authorities regarding its proposal for an emissions and fuel mileage fix in that country.

Audi A3 diesel fails independent emissions test in Europe

The best-selling model under Volkswagen's Audi division was emitted about double the legal limits of nitrogen oxide (NOx) levels for Europe, Reuters says, citing laboratory tests overseen by the European Commission's Joint Research Center (JRC) in August. The Audi A3 was found in two tests to emit about double the legal limit of NOx, though one of the tests had the A3 within the limits when the engine was cold. An Audi spokesman told Reuters that the A3 was independently tested to have emissions levels within the legal limit and that he wasn't aware of the JRC test results. Still, the findings are another example of how Volkswagen, Europe's largest automaker, can not seem to shed the issues surrounding the diesel-emissions scandal that broke last September. VW has been fined about $19 billion for equipping diesel cars with software that cheats emissions-testing systems. About 11 million cars were affected, including about a half-million vehicles in the US. In addition reaching a $15 billion settlement with US regulatory bodies such as the Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) earlier this year, VW has been fined $15 million by the South Korean government, which may impose more penalties because of allegations of false advertising. Audi is not the only VW unit to face further scrutiny. Germany's Transport Ministry and Federal Motor Transport Authority are taking a closer look at VW's Porsche division for potential emissions-cheating efforts, Bloomberg News recently reported. Additionally, the European Union is saying that at least seven of its member nations failed to provide sufficient oversight of automobiles' emissions-testing process, and may take legal action against Germany, Spain, Luxembourg, Czech Republic, Lithuania, Greece, and Great Britain, according to a separate Reuters article. Related Video: Featured Gallery 2017 Audi A3 View 125 Photos News Source: Reuters via Automotive News Europe-sub.req. Government/Legal Green Audi Volkswagen AutoblogGreen Exclusive Emissions Diesel Vehicles testing