The parent company Porsche SE wants to replace the competent judge in Stuttgart in the VW diesel scandal. The district court confirmed that the holding company, which holds more than half of the voting rights in Volkswagen, submitted a request for partiality.
Porsche SE has declared to see fundamental procedural rights that are also protected by the violated constitution. At the beginning of the year, Volkswagen AG had already tried to replace the judge, but failed.
The Stuttgart District Court hears claims for damages from investors against Porsche SE. The plaintiffs accuse the holding company of informing them too late of the diesel scandal and its financial consequences for VW. The Porsche SE rejects the accusations and the same VW.
Porsche SE sees fundamental rights violated
In two of the proceedings, the judge ordered Porsche SE to pay damages for just under € 47 million in October. The decision is not yet final. Porsche SE announced a call against it.
The Porsche SE criticizes, among other things, that the judge alone and not with a full chamber on the cases decides. This had been discussed several times in the oral procedure.
In addition, the holding believes it to be heard violated by the surprisingly pronounced judgments of October. The application must now be decided jointly by the two remaining members of the Chamber and another judge.