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.