Since the Foundation has filed a motion for discovery proceedings in the US in order to disclose evidence, the Foundation is now awaiting a court decision by judge Breyer.
In ongoing individual investors proceedings before Austrian courts, Volkswagen vehemently denies that members of the board had knowledge of the use of the illegal software. Internal information on this issue was taken as a common product defect and therefore did not trigger the existing compliance mechanisms.
To counter these argumentation presented, we await the positive result of the discovery proceedings. It ought to provide for evidence which were kept under lock so far, to facilitate the litigation process for affected parties.