Overview

• The higher administrative court ruled that Volkswagen’s post‑Dieselgate engine‑control update for the Golf Plus TDI (EA189, Euro 5) used an unlawful thermofenster.
• Judges found two inadmissible defeat devices in the exhaust gas recirculation that curtailed emission controls at lower temperatures.
• The KBA must instruct Volkswagen to implement suitable remedial measures within a reasonable timeframe to restore legal compliance.
• The decision is not legally final, as the revision was not admitted yet KBA and VW can challenge that non‑admission at the Federal Administrative Court.
• Volkswagen and the KBA argue the function protects against immediate engine risks, while EU case law from 2022 deems such software generally unlawful unless no safer alternative exists, and Deutsche Umwelthilfe is pursuing further cases.