CJEU case C‑27/22 Volkswagen Group Italia and Volkswagen Aktiengesellschaft – CJEU Judgment (Italy, 2023)
CJEU judgment — not a DPA enforcement action
This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.
The Court of Justice ruled on a case involving Volkswagen Group Italia and Volkswagen Aktiengesellschaft regarding unfair commercial practices. This matters because it clarifies how fines can be considered criminal in nature under certain conditions, which could affect future penalties. The ruling sets important guidelines for how companies are treated under European law.
What happened
The Court addressed whether an administrative fine imposed on Volkswagen for unfair practices could be considered criminal.
Who was affected
Volkswagen Group Italia and Volkswagen Aktiengesellschaft were the companies involved in the case.
What the authority found
The Court held that an administrative fine could be deemed criminal if specific criteria are met, impacting how fines are applied in commercial practices.
Why this matters
This decision may influence how companies approach compliance and penalties in the future. It serves as a reminder for businesses to adhere strictly to fair practices to avoid severe consequences.
This case concerns a request for a preliminary ruling regarding the interpretation of [https://www.europarl.europa.eu/charter/pdf/text_en.pdf Article 50 of the Charter of Fundamental Rights of the European Union,] Article 54 of the [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A42000A0922%2802%29 Convention implementing the Schengen Agreement,] and provisions of [https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:149:0022:0039:en:PDF Directive 2005/29/EC.] The Autorità Garante della Concorrenza e del Mercato (Italy's Competition and Markets Authority, AGCM) imposed a fine of €5,000,000 on Volkswagen Group Italia SpA (VWGI) and Volkswagen Aktiengesellschaft (VWAG) for unfair commercial practices. The companies marketed diesel vehicles in Italy from 2009 with software installed that distorted emission levels during pollution tests. VWGI and VWAG were accused of misleadingly promoting these vehicles as environmentally friendly. VWGI and VWAG challenged the AGCM's decision in Italian courts. While this action was ongoing, the German Public Prosecutor's Office imposed a €1,000,000,000 fine on VWAG for manipulating exhaust gas emissions in certain diesel engines. Part of this fine, €5,000,000, pertained to the conduct also addressed in the Italian proceedings. The German decision became final before the Italian decision. VWGI and VWAG argued that the principle of ne bis in idem (not being tried or punished twice for the same offence) as enshrined in Article 50 of the Charter of Fundamental Rights should prevent the Italian fine from being upheld. The court outlined when a fine could be considered criminal in nature in relation to unfair commercial practices. While the court does not directly mention the GDPR, this decision is relevant for GDPR fines. The court ruled that an administrative fine would be criminal in nature if three criteria apply [at paragraph 45]: Firstly, the legal classification of the offence under domestic law is irreleva
Outcome
CJEU Judgment
A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.
Related Cases (0)
No other cases found for CJEU case C‑27/22 Volkswagen Group Italia and Volkswagen Aktiengesellschaft in IT
This is the only recorded case for this entity in this jurisdiction.
Details
Judgment Date
14 September 2023
Authority
Court of Justice of the European Union
GDPRhub ID
gdprhub-cjeu-6254About this data
Cite as: Cookie Fines. CJEU case C‑27/22 Volkswagen Group Italia and Volkswagen Aktiengesellschaft - Italy (2023). Retrieved from cookiefines.eu
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