More than seven years after the Volkswagen diesel scandal became known, the German Environmental Aid (DUH) has achieved legal success in the dispute over the so-called thermal windows.
The Administrative Court of Schleswig upheld a lawsuit by the DUH against the Federal Motor Transport Authority (KBA) on Monday and revoked its approval of a VW Golf model with the controversial software, as the environmental protection organization announced.
In 2016, the KBA approved a VW model that was originally affected by the diesel scandal. It only complied with the pollutant limit values on the test bench, but not in normal road traffic. This was changed by using a thermal window on the engine, so that the model received approval.
Thermal windows control the emission control depending on the outside temperature. This software used by many car manufacturers only works 100% within a certain temperature range, which means that the cars emit more nitrogen oxides than permitted, especially at low outside temperatures.
Last November, the European Court of Justice (ECJ) allowed the DUH to sue against the approval of cars with thermal windows. The Schleswig administrative court had previously asked the European Court of Justice whether environmental organizations were even allowed to sue in such a case.
The DUH described the current decision of the administrative court as a “breakthrough against fraudulent diesel that is still driving on our roads”. The verdict was “a serious defeat for the KBA and the Federal Ministry of Transport, which is overriding it”.
It is of fundamental importance because corresponding judgments can now also be expected in comparable proceedings. There are currently 118 other DUH proceedings pending against approval notices for diesel vehicles from various manufacturers. (AFP)
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