VW Asks Top Court to Bar Prosecutors’ Use of Raid Material 

By Karin Matussek, Bloomberg News

Volkswagen AG asked Germany’s highest court to issue an interim order blocking Munich prosecutors from using material seized during a raid of the offices of its law firm, Jones Day.

VW filed for the emergency ruling and has said it will also file a constitutional complaint, the tribunal’s spokesman Michael Allmendinger said Tuesday. The carmaker is seeking a temporary ban of the use of the documents while it appeals a lower-court ruling that denied the request.

“The Munich Regional Court’s decision in no way gives a reason to budge from our legal position,” VW said in an emailed statement. “The raid of Jones Day offices by Munich prosecutors breaches fundamental principles of criminal procedures.”

A Munich court last week rejected an appeal by VW against the search warrant and the seizure of documents at Jones Day, the U.S. law firm that VW hired in 2015 to investigate the diesel scandal.

Munich prosecutors are probing the carmaker’s Audi unit’s use of software that allowed its cars to cheat on emissions tests. Volkswagen reiterated at last week’s annual shareholder meeting that it won’t disclose the findings by Jones Day. VW argues the probe’s findings are included in the settlement agreement it reached with U.S. authorities in January.

(An earlier version of this story was corrected to deleted erroneous reference to Audi in second paragraph.)

The case is: BVerfG, 2 BvQ 26/17.

–With assistance from Christoph Rauwald.

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