Three sentenced to life for flight MH17 downing

 Yahoo – AFP, Danny KEMP, November 17, 2022 

A Dutch court on Thursday sentenced three men to life imprisonment over the downing of Malaysia Airlines flight MH17 over Ukraine in 2014, in the early stages of a war that eight years later would put the world on edge. 

Russians Igor Girkin and Sergei Dubinsky and Ukrainian Leonid Kharchenko were found guilty in absentia of murdering all 298 people on board and of bringing down the Boeing 777 with a Russian-supplied missile. A fourth man was acquitted. 

Moscow slammed the "scandalous" verdict as politically motivated, while Ukraine's President Volodymyr Zelensky -- battling a full-scale Russian invasion after years of low-level fighting in the east -- praised it as "important". 

Relatives of MH17 victims blinked away tears as the verdicts were read out in a courtroom packed with families who had travelled from around the world for the end of the two-and-a-half-year trial. 

"The court calls the proven charges so severe that it holds that only the highest possible prison sentence would be appropriate," head judge Hendrik Steenhuis said.

 "Imposing these sentences cannot take away the pain and suffering, but there's hope that today clarity has been provided about who is to blame." 

But none of the suspects was at the high-security court on the outskirts of Schiphol Airport, where the doomed plane took off, after Russia refused to extradite them. 

'Justice has spoken'

The trial represents the end of a long search for justice for the victims of the disaster, who came from 10 countries, including 196 Dutch, 43 Malaysians and 38 Australians. 

"Justice has spoken. We wanted justice to be done and that happened, in a very well-balanced verdict," Piet Ploeg, chairman of the MH17 foundation, who lost his brother, sister-in-law and nephew, told AFP. 

"The role of Russia has been very clearly confirmed by the court." 

Flight MH17 from Amsterdam to Kuala Lumpur was cruising at 33,000 feet (10,000 metres) over war-torn eastern Ukraine when a BUK missile exploded near the cockpit on July 17, 2014, tearing the plane apart. 

The crash triggered global outrage and sanctions against Moscow, with Ukraine's famed sunflower fields littered with bodies and wreckage. Some victims, including children, were still strapped into their seats. 

Judges found Girkin, Dubinsky and Kharchenko could all be held responsible for the transport of the missile from a military base in Russia and deploying it to the launch site -- even if they did not pull the trigger. 

There was not enough evidence to show the involvement of Oleg Pulatov, the only suspect to have legal representation during the trial, they said. 

All the suspects were members of the Donetsk People's Republic, an armed group fighting Ukraine's government that judges ruled was directly controlled by Russia. 

'Ample evidence'

Girkin, 51, a former Russian spy who became the so-called defence minister of the DPR, was in regular contact with Moscow, particularly over the return of the missile after the tragedy, the court ruled.  

Kharchenko, 50, who allegedly led a separatist unit, received direct orders from Dubinsky, 60, who has also been tied to Russian intelligence, to escort the missile to the final launch site, the court ruled. 

The defendants had apparently intended to shoot down a Ukrainian military plane rather than a civilian jet but that did not affect their guilt, the judges said. 

Russia's continued denials that it controlled the DPR meanwhile meant the defendants could not claim immunity from prosecution as formal combatants, they added. 

The court ruled there was "ample evidence" to show the plane was brought down by the missile, and ruled out "alternative scenarios" suggested by the defence, including that it was shot down by a Ukrainian fighter jet. 

The BUK missile had been identified as coming from the 53rd Anti-Aircraft Missile Brigade from Kursk in Russia, prosecutors said. 

'Unprecedented pressure'

Moscow has denied all involvement in the crash, and on Thursday it accused the Dutch court of giving its verdict under "unprecedented pressure" from politicians and the media. 

The Russian foreign ministry said the trial could go down history as "one of the most scandalous in the history of legal proceedings with its extensive list of oddities, inconsistencies and dubious arguments of the prosecution". 

Ukraine's Zelensky said on Twitter that "holding the instigators to account is crucial too because a sense of impunity leads to new crimes". 

The United States welcomed the verdict as "an important moment in ongoing efforts to deliver justice for the 298 individuals who lost their lives". 

Dutch Prime Minister Mark Rutte said the convictions were "not the end", while NATO chief Jens Stoltenberg they were an "important day for justice and accountability".

Climate campaigners win appeal to block new Heathrow runway

Yahoo – AFP, February 27, 2020\

.Opponents welcome an appeal ruling against building a controversial third
runway at London's Heathrow airport, Europe's busiest. (AFP Photo/Niklas HALLE'N)

London (AFP) - Britain's Court of Appeal on Thursday ruled in favour of green campaigners who oppose the building of a third runway at London's Heathrow airport, Europe's busiest.

The court said the UK government -- which in 2018 approved the Heathrow extension -- had failed to take into account its commitments to the Paris Agreement to limit climate warming.

The legal action against the approval was brought by various London councils, environmental groups including Greenpeace and Friends of the Earth, and London Mayor Sadiq Khan. They lost at an original hearing in May.

In a summary, judge Keith Lindblom said the Conservative government under then-prime minister Theresa May gave no explanation of how it took into account the 2015 Paris accord -- which seeks to cap climate warming to less than two degrees Celsius.

"The Paris Agreement ought to have been taken into account... and an explanation given as to how it was taken into account, but it was not," Lord Justice Lindblom said.

The judge added that the government did not oppose its declaration -- and had not sought permission to appeal to London's Supreme Court.

In 2015 while he was London mayor, British Prime Minister Boris Johnson promised to "lie down in front of... bulldozers and stop the construction" of a third runway, citing environmental as well as aesthetic concerns.

Johnson may still have to make an official decision on scrapping the project, however, after Heathrow airport -- which is owned by a consortium led by Spanish construction giant Ferrovial -- declared it would appeal Thursday's ruling.

Khan welcomed news of Thursday's landmark legal victory.

"We won! Today we blocked the Tory government plans to build a third runway at Heathrow Airport," the London mayor said.

"Today's judgement is a major victory for all Londoners who are passionate about tackling the climate emergency and cleaning up our air."

John Sauven, executive director of Greenpeace UK, called on Johnson to now formally axe the plans.

"Boris Johnson should now put Heathrow out of its misery and cancel the third runway once and for all. No ifs, no buts, no lies, no U-turns," Sauven said.

Prior to the ruling, building of the third runway had been expected to start in 2022 and take four years.

Johnson, who wants big infrastructure projects to help drive Britain's post-Brexit economy, earlier this month gave his backing to the high-speed railway link HS2, dismissing soaring costs.

Volkswagen faces first mammoth diesel lawsuit on home turf

Yahoo – AFP, Yann SCHREIBER, September 30, 2019

Dieselgate is now 'part of the group's history' (AFP Photo/John MACDOUGALL)

Braunschweig (Germany) (AFP) - A case pitting hundreds of thousands of owners of manipulated diesel cars demanding compensation opened against German car behemoth Volkswagen Monday, four years after the country's largest post-war industrial scandal erupted.

Around 450,000 people have joined a first-of-its-kind grouped proceeding, introduced by lawmakers after the "dieselgate" emissions cheating scandal broke in 2015.

The first hearing in what is likely to be a grinding, years-long trial began at 10 am (0800 GMT) in Brunswick, around 30 kilometres (19 miles) from VW headquarters in the northern city of Wolfsburg. The second is planned for November 18.

Consumer rights group VZBV, representing the plaintiffs, says the German carmaker deliberately harmed buyers by installing motor control software that allowed vehicles to pollute far more on the road than under lab conditions.

"I would like Volkswagen to reimburse the purchase price" said Andreas Sarcletti, a customer who had made the trip from nearby Hanover, "but I'm worried the trial is going to last a very long time."

Uwe Reinicke, who bought a manipulated vehicle in 2011, said "I don't think it's right, the way Volkswagen treated us."

VW fooled authorities about the real level of harmful emissions from 

its cars (AFP Photo/THOMAS KIENZLE)

"VW ought to finally, properly admit that they lied," he added.

The trial is Germany's largest so far in the tentacular diesel scandal, which last week saw VW chief executive Herbert Diess charged with market manipulation over his role.

50 questions for judges

"Several regional tribunals have already found against Volkswagen" and granted plaintiffs compensation, judge Michael Neef noted as the proceedings opened.

Alongside the grouped proceeding, 61,000 individual lawsuits have been filed in Germany, but Brunswick may not follow those earlier rulings.

Of the around 50 questions about the case judges must decide on, whether Volkswagen "caused harm" by acting "dishonestly" will be "one of the central, difficult questions," Neef added.

"We're confident of our chances, since Volkswagen committed fraud," VZBV lawyer Ralph Sauer told AFP ahead of the hearing.

VW lawyer Martine de Lind van Wijngaarden countered that there was "no harm and no basis to this claim" because "hundreds of thousands of cars are used" on the roads without problem.

A lot of files to get through (AFP Photo/Ronny Hartmann)

Judges said that even if they find there was harm, the amount diesel owners receive in compensation would be based on the present-day market value -- not the original purchase price.

Every owner registered in the trial will have to claim individually, even if the plaintiffs were to win the case.

VW thinks a final judgement could arrive in 2023 at the earliest, if the case is appealed all the way to the Federal Court of Justice.

Individual proceedings could then take at least another year -- in the court of first instance.

By then, the cars' market value will have further eroded, making a buyback cheaper for the firm.

Instead, the judges mentioned the possibility of a settlement, while allowing that such talks "would not be easy" given duplicates and foreign residents on the list of plaintiffs.

The VZBV says it is "open" to an out-of-court settlement but "in that case, VW would have to pay a significant sum after all," Mueller told AFP.

VW for its part finds a mass settlement "hard to imagine".

Most of VW's fines payments have gone to the US (AFP Photo/Geoff Robins)

30 billion euros

Since 2015, when Volkswagen admitted to manipulating 11 million vehicles worldwide to fool emissions tests, the scandal has cost the group over 30 billion euros ($33 billion) in fines, compensation and legal costs.

Most of that sum -- $22 billion -- has gone to the US, while in Germany VW has so far paid just 2.3 billion euros spread across three fines.

Alongside car owners, investors are claiming damages for losses they suffered when the group's share price plummeted after it came clean.

And earlier this week, chief executive Herbert Diess and supervisory board chief Hans Dieter Poetsch were charged with market manipulation.

Former chief executive Martin Winterkorn, who stepped down over the scandal, has been also charged with fraud.

The clouds of scandal still haven't blown away (AFP Photo/Julian Stratenschulte)

Away from the legal battlegrounds, "dieselgate" has sped up the fuel's decline from its status as lower-carbon alternative to petrol, favoured with government subsidies.

In Germany, its market share among new registrations has fallen from 46 to 33 percent. Car bans are also looming in some city centres because of the level of nitrogen oxides (NOx) emissions.

The diesel scandal is "part of the group's history" just like the famous Beetle and Golf models, says VW brand chief Ralf Brandstaetter.

"The diesel crisis was a catalyst for our transformation," Brandstaetter told AFP in a recent interview, pointing to VW's 30 billion euro investment in a new electric range to "regain society's respect".

Ryanair ordered to pay Dutch pilots up to €480,000 Business

DutchNews, April 23, 2019

Photo: Depositphotos.com

Budget airline Ryanair has been ordered to pay eight Dutch pilots between €380,000 and €480,000 by a court in the Netherlands, as a bitter dispute over contracts ends. 

The court also agreed to dissolve the eight pilot’s contracts from May 1, arguing that there is no likelihood of a ‘purposeful continuation’ and that Ryanair is to blame for the current situation. 

The dispute dates back to last year following Ryanair’s decision to close its base at Eindhoven airport where pilots had twice gone on strike in protest at changes to their pensions and other benefits. 

The district court in Den Bosch then ruled there was no business case to shut the base and said the decision had ‘all the appearance of a sanction following the earlier strikes.’ 

DutchNews.nl has asked Ryanair to comment on the court ruling.

Court upholds electric wagon road ban, says safety must come first

DutchNews, November 1, 2018

Two Stints in action. Photo: Stintum.nl

Judges in Utrecht have upheld the transport minister’s decision to ban the electric wagons known as Stints from the Dutch roads. 

The minister imposed the ban shortly after last month’s fatal accident in which four children died when a wagon ploughed into a train. It is thought that the brakes had failed. 

Thursday’s court case was brought by a daycare centre which claims the minister had not taken users of the Stint sufficiently into account in reaching her decision. Hundreds of daycare centres in the Netherlands have been forced to find alternative ways of moving children from place to place because of the ban. 

‘The claim that the minister acted in a panic is not correct,’ the court said. ‘The minister has explained that the decision was taken on the grounds of traffic safety and that this had priority over all other interests.’ 

Stint Urban Mobility, which makes the electric carts, has since gone bankrupt. 

The formal investigation into the vehicle safety is due at the end of the year.

Audi boss arrested in diesel probe

Yahoo – AFP, June 18, 2018

Stadler's arrest is the most high-profile yet in the dieselgate crisis (AFP Photo/
CHRISTOF STACHE)

Frankfurt am Main (AFP) - Audi chief executive Rupert Stadler has been arrested in connection with parent company Volkswagen's "dieselgate" emissions cheating scandal, German prosecutors said Monday.

The dramatic development comes a week after Munich prosecutors raided Stadler's home after charging him with fraud and the falsification of documents that allowed diesel vehicles equipped with cheating software to be sold to European customers.

Prosecutors said the arrest was justified because of the "risk of concealment of evidence".

Audi confirmed the arrest to AFP, declining to give further details.

"For Mr Stadler, the presumption of innocence continues to apply," a spokesman said in a statement.

Stadler's arrest is the most high-profile yet in the dieselgate crisis, which started when the Volkswagen group admitted in 2015 to equipping some 11 million diesels worldwide with "defeat devices" designed to dupe pollution tests.

VW's luxury subsidiary Audi has long faced suspicions that its engineers developed the software used in the scam.

Audi's former head of engine development was taken into custody in September 2017.

German authorities earlier this month ordered the recall of some 60,000 Audi A6 and A7 cars across Europe to remove illegal emissions control software, using a different technique however than the one at the heart of dieselgate.

Former VW chief executive Martin Winterkorn stepped down soon after the scandal broke in September 2015, while successor Matthias Mueller was hastily replaced earlier this year.

Both are suspected of knowing earlier than they have so far admitted about the cheating, meaning they may have failed in their duty to inform investors in the car giant about the financial risks.

US prosecutors also indicted Winterkorn last month, saying he knew of the company's emissions cheating as early as May 2014 but decided to continue.

Present boss Herbert Diess has been accused of knowing about diesel cheating before it became public -- an allegation rejected by the firm last month.

The scandal has so far cost the VW group more than 25 billion euros ($29 billion) in buybacks, fines and compensation, and the company remains mired in legal woes at home and abroad.

Court clears the way for Rotterdam to ban old petrol and diesel cars

DutchNews, June 6, 2018

Traffic is a major source of inner city pollution. Photo: Depositphotos.com

The highest Dutch administrative court has cleared the way for Rotterdam to ban old diesel and petrol cars from the city centre. 

The outgoing administration had announced plans to ban diesel-powered cars built before 2001 and petrol cars from before July 1992 but were successfully challenged in court by motorists. 

Now the Council of State has found in favour of the city and it will be up to the new, six-party council executive to decide when to implement the ban. 

Meanwhile, motoring organisation ANWB on Wednesday called on the cabinet to draw up rules for city environmental zones, saying motorists are becoming lost in a jungle of bans and restrictions. 

Amsterdam and Utrecht have already banned cars from their city centres and Nijmegen, Leiden, Arnhem and Maastricht are among the other cities where environmental zones could be on the cards. 

Minister

Junior transport minister Stientje van Veldhoven had said earlier she would draw up a set of regulations before the summer, but that deadline may now not be met, the AD reported.

‘I want clarity for both motorists and local authorities,’ the minister told the paper. ‘And it has always been my intention to come up with specific agreements before the summer. These agreements will also cover specific cases, such as invalid cars.’ 

In Amsterdam there is mounting irritation at the spread of Cantas and other mini vehicles, which were originally meant for people with disabilities. They are now proving popular with youngsters because they are not subject to parking restrictions.

German court paves way for diesel driving bans

Yahoo – AFP, Andrea HENTSCHEL with Michelle FITZPATRICK in Frankfurt, February 27, 2018

Environmental activists, seen here last week in front of Germany's Federal
Administrative Court, have won a major ruling that will allow cities to impose bans
on older, more polluting diesel vehicles in order to combat air pollution. (AFP
Photo/Sebastian Willnow)

Leipzig (Germany) (AFP) - A top German court on Tuesday ruled that cities can impose diesel driving bans to combat air pollution, a landmark decision that plunges millions of car owners into uncertainty.

The Federal Administrative Court in Leipzig found that local authorities can legally ban older, dirty diesels from certain zones as part of their efforts to improve air quality -- a drastic move that could reshape inner-city travel and upend the auto industry.

The court did not impose any bans itself, leaving that up to city and municipal authorities.

The judges did however urge them to "exercise proportionality" and said any curbs should be introduced gradually and allow for certain exemptions.

While the legal battle centred around the smog-clogged cities of Stuttgart and Duesseldorf, it could have far-reaching repercussions in Europe's biggest economy.

The ruling is a major blow to the government and the nation's mighty automakers who have long opposed driving bans, fearing outrage from diesel owners whose vehicles could plummet in value.

Eager to reassure them, the government was at pains to stress nothing would change right away and that bans were not inevitable.

"Driving bans can be avoided, and my goal is and will remain that they do not come into force," said Environment Minister Barbara Hendricks.

Chancelor Angela Merkel also weighed in, saying the ruling concerned only "individual cities".

"It's really not about the entire country and all car owners," she said.

But the outcome marks a huge victory for the environmentalist group Deutsche Umwelthilfe (DUH), which sued Stuttgart and Duesseldorf to force them to take action against the toxic nitrogen oxides and fine particles emitted by older diesel engines.

German Environment Minister Barbara Hendricks, left, said cities could reduce air

pollution without banning older diesel vehicles (AFP Photo/Bernd von Jutrczenka)

'Great day for clean air'

Lower-level judges had already backed their demand for driving bans, but the states of Baden-Wuerttemberg and North Rhine-Westphalia appealed, arguing such curbs should be decided at the federal level.

Judges at the nation's top administrative court again sided with the environmental campaigners.

"It's a great day for clean air in Germany," said DUH chief Juergen Resch.

Almost immediately after the verdict, the port city of Hamburg became the first to announce plans for a diesel driving ban on two busy roads from late April, with exceptions for residents, ambulances, city services and delivery vehicles.

The head of Germany's VDA auto industry federation warned however against "a patchwork" of local measures that would confuse drivers and urged the government to take the lead in drawing up uniform regulations.

Analysts at EY consultancy said only the latest diesel models that adhere to the strictest Euro 6 standards would escape the potential driving restrictions, leaving some 10 million older diesels eligible for bans.

Mounting pressure

Concerns over the harmful effects of diesel have soared since Volkswagen admitted in 2015 to installing cheating devices in millions of cars that allowed them to secretly spew far more nitrogen oxide (NOx) than legally allowed, and other carmakers soon came under suspicion too.

The poisonous gases have been linked to respiratory illnesses and heart problems, leading to thousands of premature deaths each year.

The sales of new diesel cars in Europe (AFP Photo/Sophie RAMIS)

Some 70 German cities including Munich, Stuttgart and Cologne recorded average nitrogen dioxide levels above EU thresholds in 2017, according to the Federal Environment Agency.

Industry giants such as Volkswagen, BMW and Daimler have responded to "dieselgate" by offering software upgrades and trade-ins for newer and cleaner models, but have resisted costly hardware fixes.

DUH chief Resch however said Tuesday's ruling could finally put real pressure on automakers to retrofit older engines with properly functioning emissions controls.

"I now expect the auto industry to deliver," he said.

Markus Lewe, president of the Association of German Cities, urged Berlin to do more to push the auto industry to clean up its act.

"Cities don't want driving bans," he said.

The government, long accused of going too easy on an industry that employs some 800,000 people, last year offered to create a billion-euro fund, partly paid for by industry, to improve public transport and upgrade fleets to electric buses.

Such measures are intended at least as much to placate local officials as well as those in Brussels -- where Germany and a slew of other EU member states risk legal action after sailing past a deadline to reduce air pollution.

Uber suffers new blow as EU court rules it's a taxi service

Yahoo – AFP, Alex PIGMAN, Danny KEMP, December 20, 2017

Spanish taxi drivers have staged protests, complaining that Uber flouts local
regulations (AFP Photo/GABRIEL BOUYS)

Brussels (AFP) - The EU's top court ruled on Wednesday that Uber is an ordinary transportation company instead of an app and should be regulated as such, in a decision that is being closely watched around the world.

Hailed by the plaintiffs -- a Spanish taxi association -- as "a social victory", the case is yet another thorn in the side for US-based Uber, which has drawn the fury of taxi drivers and officials for flouting local regulations.

It also comes the same week as one of its drivers admitted to the attempted rape and murder of a British embassy worker coming home from a night out in Beirut, Lebanon.

"The service provided by Uber connecting individuals with non-professional drivers is covered by services in the field of transport," said the Luxembourg-based European Court of Justice.

"Member states can therefore regulate the conditions for providing that service."

Uber, the biggest name in the growing gig economy, claims it is a mere service provider, connecting consumers with drivers in more than 600 cities.

Uber has run into huge opposition from taxi companies and other competitors who say this allows it to dodge costly regulations such as training and licensing requirements for drivers and vehicles.

The case was brought by a taxi drivers' association in the Spanish city of Barcelona, where belief runs high that Uber is a taxi company that should be subject to rules governing such vehicles.

"This will truly represent a social victory, and the whole of society will benefit from this," Ivan Esma, spokesman for the Elite Taxi association, told reporters, adding that "the road will be long" for the ruling to be enforced.

Ruling 'won't change things'

Uber said the ruling would make little difference in practice.

"This ruling will not change things in most EU countries where we already operate under transportation law," an Uber spokesperson said in an emailed statement.

"However, millions of Europeans are still prevented from using apps like ours."

In a dense legal judgement, the ECJ said that Uber was a service that connects "by means of a smartphone application and for remuneration non-professional drivers using their own vehicle with persons who wish to make urban journeys."

That means it is "inherently linked to a transport service and, accordingly, must be classified as a 'service in the field of transport' within the meaning of EU law."

The EU court's senior adviser had said in a legal opinion in May that Uber was indeed a transport company.

Uber has had a rough ride in Spain, where a judge ruled in 2014 that its UberPop service risked breaking the law, leading to the Barcelona submission to the ECJ.

Early last year, it decided to only operate a limited a version of its UberX service in Spain which uses licensed, professional drivers instead of the amateurs who had previously worked via the UberPop application.

Uber has already had problems with the law in several European countries, particularly France where the company was forced to overhaul its business model.

The French transport minister, Elisabeth Borne, said the ruling "reinforces the government's determination" to regulate the sector "in favor of both the safety of customers, the working conditions of drivers and fair competition between the players."

In November a labour court in London, where the company is threatened with losing its license, said it had to pay the drivers a minimum wage and give them paid leave.

Uber does not employ drivers or own vehicles, but instead relies on private contractors with their own cars, allowing them to run their own businesses.

Licensed taxi drivers meanwhile often have to undergo hundreds of hours of training, and they accuse Uber of endangering their jobs by using cheaper drivers who rely only on a GPS to get around.

The EU's top court rules that Uber is an ordinary transportation company instead of an app and should be regulated as such pic.twitter.com/YswoejzwNz

— AFP news agency (@AFP) December 20, 2017

Volkswagen given fine for misleading Dutch consumers over diesel scandal

DutchNews, November 28, 2017

Pollution from car engine. Photo: Depositphotos.com

Car maker Volkswagen has received the highest possible fine for misleading consumers from the Dutch Authority for Consumers & Markets. 

On Tuesday the body announced a penalty of €450,000 for ‘unfair commercial practices’ as Volkswagen advertised certain cars as eco-friendly ‘while the results of emission tests had been manipulated by illegal software.’ 

Dutch consumer organisation the Consumentenbond believes this fine may have cleared the way for people to bring personal claims for damages, according to the NOS broadcaster. It wants to discuss compensation with the German manufacturer. 

In autumn 2015, Volkswagen admitted that it had sold 11 million cars worldwide with secret ‘defeat device’ software that ensured it would pass emissions tests in a laboratory, while the cars emitted higher levels of pollution on the road. 

Cateautje Hijmans van den Bergh, an ACM board member, said in a press release: ‘We have established that Volkswagen has misled Dutch consumers about the emission of harmful pollutants. Therefore, ACM has imposed a fine [to] send a clear signal. Consumers are entitled to [receive] reliable information.’ 

Volkswagen has set aside almost $15 billion to compensate American customers but yet discussed any payment in Europe, although customers with the cars involved do have an extra two-year guarantee, reports broadcaster NOS. 

Volkswagen told DutchNews.nl in a statement: ‘Volkswagen disagrees with the decision taken today… and intends to appeal against it. Volkswagen does not believe it infringed Dutch consumer protection laws. 

‘All Dutch customers who acquired a Volkswagen, SEAT, Audi or SKODA vehicle with an EA189 diesel engine have been treated fairly. All vehicles have kept type approval and so remain roadworthy, and there has been no violation of emissions regulations or laws. Our customers remain our number one priority and we are working hard to earn back their trust.’

Former VW engineer gets 40 months in 'dieselgate' scandal

Yahoo – AFP, August 25, 2017

A US court on Friday sentenced a former Volkswagen engineer to nearly three
and a half years in prison for his role in the company's emissions cheating
scandal (AFP Photo/PAUL J. RICHARDS)

Detroit (AFP) - A US court on Friday sentenced a former Volkswagen engineer to nearly three and a half years in prison for his role in the company's emissions cheating scandal.

James Robert Liang was sentenced to 40 months in prison and ordered to pay a $200,000 fine after pleading guilty to charges he conspired to defraud the United States and violate the Clean Air Act, the court announced.

The sentencing comes several weeks after former VW executive Oliver Schmidt pleaded guilty to fraud and conspiracy charges in the "dieselgate" matter, which has brought one of the world's to auto makers into disgrace.

Liang was also ordered to serve two years of supervised release upon his release from prison, according to a spokesman for the US District Court for the Eastern District of Michigan.

However, US authorities may choose to deport Liang to Germany once he is released, the spokesman said.

The sentence was significantly harsher than what prosecutors had recommended.

In exchange for Liang's cooperation, Justice Department officials had recommended a sentence of only three years and a fine of just $20,000.

A lawyer for Liang had instead asked for a year of probation and home confinement, noting that Liang's cooperation had resulted in criminal charges against three other defendants.

Liang pleaded guilty in September to a role in a nine-year conspiracy to develop devices that hid emissions harmful nitrogen oxide during pollution tests on Volkswagen's diesel-power cars.

The company has set aside more than $24 billion to cover the fines and compensation in the scandal, in which it admitted in 2015 to equipping about 11 million cars worldwide with so-called defeat devices to mask emissions.