SCHLESWIG (dpa-AFX) – For several hours on Monday, the administrative court in Schleswig negotiated a lawsuit brought by the German Environmental Aid (DUH) against the Federal Motor Transport Authority (KBA) in relation to defeat devices in diesel vehicles. The environmental organization is of the opinion that so-called thermal windows are not permitted and that the shutdown devices approved by the KBA retrospectively must be removed. In this specific case, it is about certain diesel versions of the VW (Volkswagen (VW) vz) 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.
Environmentalists and car manufacturers have been arguing about thermal windows for years. The software reduces the cleaning of the exhaust gases at lower temperatures, for example, so that the cars then emit more pollutants.
Volkswagen (Volkswagen (VW) vz) AG is involved in the process. According to the company, less exhaust gas recirculation is required, especially at low temperatures, to protect the engine. KBA and VW moved to dismiss the lawsuit.
The court wanted to announce a decision on Monday. Already at the beginning of the hearing, it was clear that, in addition to the appeal, a jump revision could also be permitted due to the fundamental importance of the case. With a jump revision, the appeal instance can be skipped under certain conditions and the Federal Administrative Court can be involved directly.
The European Court of Justice gave the DUH lawsuit the green light in November. The judges also specified their position on thermal windows. These are therefore only permitted under very narrow conditions, for example if specific dangers have to be averted. In recent years, car manufacturers have often argued that such defeat devices are necessary to protect the engine. However, the ECJ made it clear that such software can only be necessary if there is no other technical solution.
The parties discussed for a long time on Monday whether there is such a thing. The DUH is of the opinion that there were ways of preventing thermal windows years ago. “It would have been technically possible to avoid the shutdown,” said a DUH attorney. KBA and VW rejected this. “What was possible back then is already there,” said a process representative./gyd/DP/ngu
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