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D The Federal Constitutional Court allowed the Munich II prosecutor to access highly explosive documents in the diesel scandal. As the court announced Friday, the constitutional complaints of Volkswagen AG and its US law firm Jones Day failed, with which they had withstood a raid in March 2017 and data entry.
Volkswagen has determined and investigated the person responsible for handling. The results of the VW surveys have not published, there is a final report, according to the company also not. Jones Day's findings, however, flowed into the company's January 2017 comparison with the US court system. Jones Day's papers could now become an important part of the investigation in Munich, is heard by legal circles. Currently, sitting in custody, on leave of Rupert Stadler Audi general manager is questioned. At the end of June, Wolfgang Hatz was released on bail from his pretrial detention. The former head of Audi engine development and the former Porsche development board had spent nine months
. Until now, the forces of order have not been able to access the documents seized during the raid. At the beginning of the year 2018, the Federal Constitutional Court had ordered, by way of interim injunction, that 185 seized filing folders be filed at the Munich court. As expected, the authority welcomed the message from Karlsruhe. They were positively received because they confirmed the legal opinion of the prosecutor, said prosecutor Andrea Mayer. Jones Day did not respond to a request. Volkswagen has just published a brief explanation. The company "welcomes" that "the decision of the Federal Constitutional Court has now clarified open legal issues."
The decisions of the Karlsruhe judges stipulate that Volkswagen has neither the right to informational self-determination nor the right to violate a fair trial. Jones Day does not have the right to appeal under US law because of its legal partnership form and its attorneys do not have authority.
The fact that judges do not share the point of view of VW and Jones Day have the concept of business with "internal investigations" by American law firms. Because law firms are not "national corporations", they can not rely on the protection of the Basic Law. This can be a competitive advantage for German law firms, which are also active in the exhaust gas scandal as an internal recognition. Nevertheless, Heiner Hugger, Clifford Chance's partner, said: "Internal investigations will continue to be needed to investigate potential criminal offenses or compliance violations, particularly as a result of investigations by US authorities." Friday's decisions mean "no end to internal investigations" Hugger
On the other hand, Michael Kubiciel, professor of law at the University of Augsburg, regretted the decision. "The decision hides some of the reality of internal investigations in companies, and it largely leaves the decisions of prosecutors, when a ban on confiscation arises." The bullet is now in the legislative field, said Kubiciel. An adaptation of the way companies are sanctioned and their rights is urgently needed.
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