EU court adviser says Italy antitrust fine may breach Volkswagen’s rights

An Italian antitrust fine levied on Volkswagen over its defeat devices may have infringed the German carmaker’s right not to be penalised twice for the same offence, an adviser to Europe’s top court said on Thursday.
The case came before the EU Court of Justice (CJEU) after Volkswagen challenged a 5 million euro ($5.4 million) Italian antitrust fine levied in 2016 for its misleading advertising about its cars fitted with illegal defeat devices.
Volkswagen separately paid a 1 billion euro German fine in 2018, with the scandal costing it more than 32 billion euros in refits, fines and legal costs so far.
The Italian court in its 2019 ruling rejected Volkswagen’s appeal, saying there was no double jeopardy involved as the Italian fine derived from a different legal basis.
Volkswagen took its case to the Italian Council of State which then sought advice from the CJEU.