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German Court Rules VW Diesel Thermofenster Illegal, Orders Remedial Action

The Schleswig-Holstein higher administrative court directed the KBA to seek fixes from Volkswagen under EU limits on temperature-based emissions software.

Overview

  • The Oberverwaltungsgericht Schleswig-Holstein found that the KBA’s 2016 approval for a VW motor-software update was unlawful.
  • Judges determined the update for a Golf Plus TDI (EA189, Euro 5) contained two prohibited defeat devices, including a temperature-based function.
  • The ruling obliges the KBA to require Volkswagen to implement appropriate remedial measures within a reasonable period.
  • The decision is not yet final because, although revision was not admitted, the KBA and VW may appeal the non-admission to the Federal Administrative Court.
  • Volkswagen and the KBA maintain the thermofenster protects engines and complies with EU case law, while Deutsche Umwelthilfe, the plaintiff, plans further cases targeting Euro 5 to Euro 6c diesels.