Volkswagen has faced another setback in the diesel scandal. The Schleswig-Holstein Administrative Court ruled that the 2016 approval of a Volkswagen Golf Plus TDI was unlawful. The court stated that the vehicle contained two illegal defeat devices, confirming a previous 2023 decision. The Federal Motor Transport Authority (KBA) must now require Volkswagen to take all appropriate remedial measures "within a reasonable period to ensure the affected vehicles comply with applicable law."
The lawsuit was filed by the German Environmental Aid (DUH). The organization called on Federal Transport Minister Patrick Schnieder (CDU) and the KBA to "implement the ruling immediately and officially recall all vehicles with illegal defeat devices, mandating retrofitting with effective emission control technology or decommissioning at the manufacturer’s expense."
The KBA had initially approved the VW model with the EA-189 engine under the Euro 5 emission standard in 2016. This model had originally been involved in the diesel scandal. The vehicle met emission limits only on test benches, not in real-world driving conditions. This was due to the use of a thermal window on the engine, so that the model was approved.
Thermal windows regulate exhaust treatment based on outside temperature. This software, commonly used by several automakers, functions fully only within a specific temperature range. As a result, the vehicles emit higher levels of nitrogen oxides, particularly in colder weather, than permitted by law.
The Schleswig-Holstein court emphasized that these thermal windows constitute "a fundamentally illegal defeat device under European law." The court also clarified that the engine protection exception does not apply in this case.
Volkswagen, however, stated that the ruling is not yet legally binding. The company intends to appeal to the Federal Constitutional Court. The Schleswig-Holstein court had not allowed an appeal, so the carmaker must now first lodge a complaint against the ruling. The company added that as the decision is not final, it does not mean that the KBA will have to take "measures such as removing vehicles' registration or applying technical modifications" to rectify the defeat devices.
The Environmental Action Germany (DUH) pressure group launched the original case in 2018 in the wake of the Dieselgate scandal. The scandal has caused waves in the global car industry since September 2015, when Volkswagen admitted tampering with millions of diesel vehicles to dupe pollution tests. To date, Volkswagen has had to pay more than 32 billion euros' worth ($37 billion) of fines over the scandal, mostly in the United States.
The DUH called Thursday's ruling a "breakthrough for clean air and the millions of citizens harmed by Dieselgate". The group says it estimates the ruling will affect 7.8 million vehicles fitted with devices allowing illegal levels of nitrogen oxide emissions. However, Volkswagen itself said the decision only affected a number of vehicles "in the low thousands".
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