The European Commission has begun legal action against seven EU states, including the UK, Germany and Spain, for not acting against car emissions cheating in the wake of the so-called Dieselgate scandal.

The accused countries have two months to respond, after which the EC could send a “reasoned opinion” before ultimately filing a suit at the European Court of Justice in Luxembourg.

Elżbieta Bieńkowska, the EU’s industry commissioner, said: “Abiding by the law is first and foremost the duty of car manufacturers. However, national authorities across the EU must ensure that car manufacturers actually comply with the law.”

The UK is one of four countries accused of issuing approvals for VW Group cars and not applying national provisions or penalties, despite the German company’s use of illegal software.

The EC argues that the UK and Germany have unlawfully refused to disclose details of national investigations into potential irregularities in NOx emissions by VW and other car-makers.

Under the current approval system, national authorities are responsible for checking that car models meet EU regulations before they can be sold, and also for sanctioning car-makers that break the law.

Greg Archer, the Clean Vehicles Director of the campaign group Transport & Environment, said: “The commission has bared its teeth and told member states it’s time to act against the dishonest car-makers that have been manipulating tests and poisoning the air by turning off exhaust-treatment systems.

“Dirty diesels must now be recalled and fixed, and national regulators must stop protecting their clients in the automotive industry.”

French MEP Karima Delli, who is vice-president of the European parliament’s inquiry into Dieselgate, said that while France has been “spared legal papers thus far, it is probably only a question of time”.

She said: “The final results of the French inquiry launched by Environment Minister Ségolène Royal have yet to be published, and judicial proceedings against several car manufacturers — including Renault — are still on-going. It remains to be seen if the commission will use this evidence to launch infringement procedures against France in the near future.”

Meanwhile, South Korea’s anti-trust watchdog has said it will file criminal complaints against several executives at Volkswagen’s local subsidiary and will fine it a record 37.3 billion won ($31.87 million) for false advertising over its vehicle emissions.