The German Environmental Aid (DUH) has achieved success in the legal dispute with the Federal Motor Transport Authority (KBA) regarding defeat devices in diesel vehicles. The environmental organization had filed a complaint with the administrative court in Schleswig, because it believed that so-called thermal windows were not permitted and that the shutdown devices approved by the KBA afterwards had to be removed. The lawsuit was essentially successful, the presiding judge said at the sentencing hearing on Monday. The thermal windows in the approved scope are inadmissible. The decision was preceded by an oral hearing that lasted several hours.
topic of controversy for years
Environmentalists and car manufacturers have been arguing about thermal windows for years. The software reduces the effectiveness of the exhaust aftertreatment at lower temperatures, for example, so that the cars then emit more pollutants. In this specific case, it is about certain diesel versions of the VW Golf, which the KBA type-approved in 2008 and 2009. In 2016, the KBA then approved the temperature-dependent exhaust gas recirculation in the software updates.
In addition to the appeal, a jump revision was also permitted. With a jump revision, the appeal instance can be skipped under certain conditions and the Federal Administrative Court can be involved directly.
Permitted only to avert danger
According to the case law of the European Court of Justice, thermal windows are only permitted under very narrow conditions – for example, if specific dangers have to be averted. The Schleswig judges were convinced that this was not the case in the case under discussion. The possible damages that have been described are “worst case” scenarios.
(fpi)
