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DGAP-News News vom 02.10.2015

Bentham Europe announces it is coordinating a German shareholder action against Volkswagen AG

DGAP-News: Bentham Europe Ltd / Key word(s): Legal Matter

2015-10-02 / 13:14


Bentham Europe announces it is coordinating a German shareholder action against Volkswagen AG

London, 2 October 2015, Bentham Europe Limited ("Bentham") notes that since the recent disclosures by Volkswagen AG ("Volkswagen"), its market capitalisation has reduced by some EUR25 billion and investors have seen the share price collapse from approximately EUR160 to EUR100. As a result, Bentham confirms that it is in discussions with institutional investors worldwide to fund a shareholder action in Germany against Volkswagen, alleging breaches of the German securities law over an eight year period from 2007 to 18 September 2015. The intention will be to instruct lawyers to commence the necessary proceedings as soon as possible.

The actions, on behalf of shareholders who purchased shares in Volkswagen on German exchanges, are proposed to be conducted in Germany by a leading international commercial litigation law firm. The actions will seek to establish that shareholders are entitled to compensation for losses caused by Volkswagen's alleged breaches of the German Securities Trading Act, based upon the Company's apparent failure to inform the market, over a long period of time, about its suspected practice of installing and using "defeat device" software in a very significant number of vehicles it manufactured and sold into the United States and other world car markets.

Volkswagen's alleged conduct has resulted in, amongst other things, worldwide investigations including criminal investigations commenced in Germany and the United States, the resignation of senior company executives, and the prospect of a large scale and worldwide vehicle recall.

All current and former shareholders who acquired at least 10,000 Volkswagen shares during the period of 2007 to 18 September 2015 inclusive, and who had not sold all of those securities prior to the market opening on Monday 21 September 2015, are invited to contact Bentham Europe so as to participate in a proposed action.

The Chief Investment Officer of Bentham Europe, Jeremy Marshall, said:

"The apparent secret use of defeat devices by Volkswagen and the ensuing scandal that erupted upon disclosure of this practice has caused significant harm to Volkswagen's reputation and financial position as well as raising serious concerns as to the corporate governance regime within one of Germany's blue chip companies. Volkswagen shareholders are justifiably concerned that Volkswagen has appeared to have allowed this practice to continue for what may have been a number of years, in the assumed knowledge that its disclosure to the market would be likely to cause them and their shareholders significant financial harm. We expect a legal claim to reveal the true extent of the problem and allow shareholders to seek compensation for the undoubted harm that has been suffered".

Jeremy Marshall concluded:

"Shareholders - who saw billions wiped off the value of Volkswagen in 2 days - deserve more than just an apology for what appears to be long-running and concerted cheating of the system."

Notes to editors:

In order for the claims to proceed, a sufficient number of shareholders will need to agree to be funded by Bentham Ventures who will need to resolve to determine to fund the claim. Shareholders are entitled to seek compensation or damages for losses caused by Volkswagen's alleged breaches of the Securities Trading Act (Germany).

More information about the proposed legal action is available at www.benthameurope.com.

Background:

On Friday 18 September 2015, information was publicly released by United States environmental agencies in relation to the results of investigations they had conducted into the fitting of "defeat devices" in vehicles manufactured by Volkswagen. The agencies explained that up to 482,000 vehicles sold by Volkswagen in the US had been fitted with "defeat device" software, the effect of which was to modify (lower) the amount of Nitrous Oxide (NOx) and other pollutants emitted by the vehicles when they were under test or laboratory conditions. Once back "on the road", it was suggested the vehicles' NOx emissions increased by 30 to 40 times.

Over the weekend of 19-20 September 2015, in the midst of brewing global outrage in light of the revelations, senior Volkswagen executives including former Chief Executive, Mr Martin Winterkorn, made public statements in which they admitted that the Company has used defeat devices and expressed their profound apologies.

On Monday 21 September 2015, the market reacted strongly and negatively to what the media was calling the "emissions scandal". The price of Volkswagen securities on German exchanges fell by approximately 17% that day - and 18% the next - in the process wiping some EUR25 billion of Volkswagen's market capitalisation.

In the subsequent days yet more information came into the market regarding to the "emissions scandal", notably including the fact that the scandal was not confined to the US, as the Company had apparently installed a further 11 million defeat devices in vehicles sold worldwide.

The shareholder actions in Germany will claim that Volkswagen has failed to inform the market of the use of defeat devices for at least five years, and possibly longer, and that this information constitutes inside information under the relevant German legislative provisions and should have been immediately released to the market.

Media contacts:

Jeremy Marshall
Chief Investment Officer
Phone:+44 203 750 1304
Email: jmarshall@benthameurope.com
 
Simon Dluzniak
Investment Manager, Bentham Europe
Phone:+44 203 750 1301
Email: sdluzniak@benthameurope.com
Gus Sellitto
Byfield Consultancy
Phone: +44 207 092 3988
Email: gus@byfieldconsultancy.com
 
Miriam Low
Byfield Consultancy
Phone: +44 207 092 3980
Email: miriam@byfieldconsultancy.com
 
 
 

About Bentham Europe:

Bentham Europe represents a joint venture between IMF Bentham Limited, a publicly listed company which funds litigation and arbitration claims in Australia and other jurisdictions, and subsidiary entities of funds managed by Elliott Management Corporation, a US based advisory firm http://www.benthameurope.com/docs/default-source/default-document-library/co-funding-and-joint-venture-arrangements.pdf?sfvrsn=2.





2015-10-02 Dissemination of a Corporate News, transmitted by DGAP - a service of EQS Group AG.
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