Five magistrates of the Second Chamber of the Supreme court they will review this Thursday an unusual decision in Spanish law. This is the one adopted by the judge of the National Court Ismael Moreno in November 2018 when he restrained himself in favor of Germany so that the cause opened in Spain by the ‘dieselgate’, following a complaint filed for the alleged installation of a computer program in thousands of vehicles to change the results of polluting emissions.
Thanks to this procedure, Miguel Colmenero, as president, and Susana Polo, Javier Hernández, Pablo Llarena and Ana Ferrer, who will be the rapporteur for the resolution they issue, will be the first magistrates of the high court to rule on an inhibition of a Spanish judge abroad to investigate and judge some facts, according to a ruling to which this newspaper has had access.
The head of the Central Investigating Court number 2 decided to refer the proceedings to Germany, at the proposal of the Prosecutor’s Office, which thus endorsed the criterion expressed by the public prosecutor of Braunschweing, in the German State of Lower Saxony, regarding that all investigations legal proceedings by the ‘dieselgate’ spread around the world will be concentrated in Germany in a single process. What’s more, This procedure was more advanced than the one opened in the National Court.
Opposition of the injured
The decision upset the injured parties and was appealed by Facua, which considers that the exit of the procedure from Spain and its processing in Germany, when the specific facts investigated in that country are ignored, limits the right to effective judicial protection and compensation for the damages caused to those affected, as it is more difficult in practice to be able to act in a procedure followed in that country. The consumer organization argues that not even all the victims, the 723,832 vehicle owners affected by the emissions fraud, are included in this procedure.
What’s more, warns that the consequences of the transfer for the injured persons in the case have not been detailed, of which about 7,000 are represented by the association, and the possibility and viability of those affected to exercise the rights recognized by the Statute of the crime victim is unknown, which recognizes the right to have access to relevant resolutions translated into Spanish and to access compensation in the event of to proceed with the conviction of the company. In this sense, it points out that the German prosecutor’s office has already sanctioned the Volkswagen group with a fine of 1,000 million euros, which, according to Facua, may prevent opening another proceeding against the company, despite the fact that it did not enter into assessing whether conduct occurred. illicit or not.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.