UOKiK concluded the investigation of practices affecting collective interests of consumers by Volkswagen Group Polska sp. z o.o. based in Poznań. The President of UOKiK issued a decision in which he considered that the company was misleading the characteristics of vehicles equipped with compression-ignition engines of type EA 189 with ‘optimising software’ nitrogen oxide emissions. The penalty imposed on Volkswagen is 120,607,288 PLN and this is the highest penalty in UOKiK history for violating consumer rights.
Infringements
Volkswagen used Volkswagen – Audi, Seat and Skoda – EA engine control software in cars 189 EU 5, which under test conditions allowed to lower the emission of nitrogen oxides. The software recognized that the car was at the control station and lowered the emission of nitrogen oxides.
During normal use of the car, nitrogen oxide emissions were higher. The actual emission value deviated from the values presented by Volkswagen in advertising material and in approval documents.
The President of the UOKiK had no doubt that Volkswagen manipulated exhaust emission indicators – he misled consumers by claiming that their vehicles were environmentally friendly. Untrue information in advertising material caused disinformation among customers.
They appealed to Volkswagen's ecological attitude, while in fact cars were not environmentally friendly.
Historically High Punishment
Several factors have been imposed on such a high punishment. Misleading practice continued 8 years 2008 to 2016. In the course of the proceedings, the company did not make any settlement proposals.
The company issued guidance to dealers that they were not to take into account legitimate consumer complaints related to the level of nitrogen oxide emissions.
Although the dissemination of false information has been abandoned (the company no longer disseminates misleading information and guidelines), the effects of this practice can continue.
In addition to the financial penalty, the President of UOKIK ordered that all consumers who bought VW cars with an EA engine be informed of the decision 189 EU 5. The company must also publish the decision on its websites.
What a decision means for Volkswagen's customers
For the time being, the decision of the UOKiK is not final because it is entitled to an appeal to the court. Only after the decision has passed will it become a preliminary ruling, which will make it easier for consumers to pursue possible claims in courts.
The findings of the Office on the application of the practice shall be binding on the ordinary courts in the case of individual cases in respect of which the decision is contested. Furthermore, consumers can rely on the decision of the UOKiK when submitting complaints.