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Subject Vehicles in compliance with regulations under Title II of the Act, and VW entities
including at least Volkswagen AG knew or should have known that such part or component was
being offered for sale or installed for such use or put to such use.
110. VW entities including at least Volkswagen AG, VWoA, Audi AG, Porsche AG,
and Porsche Cars North America, Inc. manufactured, sold, offered for sale, or installed parts or
components (or caused any of the foregoing), intended or use with, or as part of, motor vehicles,
including the normal mode calibration AECDs installed on the 3.0L Subject Vehicles, where a
principal effect of the part or component is to bypass, defeat, or render inoperative a device or
element of design installed on or in the 3.0L Subject Vehicles in compliance with regulations
under Title II of the Act, and VW entities including at least Audi AG knew or should have known
that such part or component was being offered for sale or installed for such use or put to such use.
111. VW entities including at least Volkswagen AG and Audi AG violated Section
203(a)(3)(B) of the Act, 42 U.S.C. § 7522(a)(3)(B), by manufacturing, selling, offering for sale, or
installing “defeat devices” on new motor vehicles, or by causing any of the foregoing acts.
112. Each part or component that constitutes a “defeat device” manufactured, sold,
offered for sale, or installed on new motor vehicles (or the causing thereof) is a separate violation
of Section 203(a)(3)(B) of the Act, 42 U.S.C. § 7522(a)(3)(B).
113. Pursuant to Sections 204(a) and 205(a) of the Act, 42 U.S.C. §§ 7523(a) and
7524(a), VW entities including at least Volkswagen AG and Audi AG are liable for injunctive
relief and civil penalties of up to $2,750 per part or component that constitutes a “defeat device”
per 2.0L Subject Vehicle and per 3.0L Subject Vehicle for each violation occurring before January
13, 2009, and for injunctive relief and civil penalties of up to $3,750 per part or component that
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