VW Diesel scandal Deepens: German Court Rules “Thermal Windows” Illegal, Millions of Vehicles at Risk
Kiel, Germany – A landmark ruling by the Schleswig-Holstein higher Administrative Court (OVG) has confirmed that Volkswagen’s use of ”thermal windows” – software designed to limit exhaust gas cleaning in certain conditions – is illegal. The decision, stemming from a sample case, has potentially massive implications for approximately 7.8 million diesel vehicles currently on German roads, and could even lead to decommissioning of affected cars.
the case centers around Volkswagen’s Golf Plus TDI (2.0 liters, engine type EA 189 Euro 5), but the OVG’s judgment is expected to serve as a precedent for numerous other diesel models utilizing similar software. The German Environmental Aid (DUH) hailed the ruling as a pivotal victory in their long-fought battle against VW and the Federal Motor Transport Authority (KBA).
What are “Thermal Windows”?
The controversy revolves around software that regulates exhaust gas cleaning based on ambient temperature and altitude. While VW argued these “thermal windows” were standard practice in Europe – reducing cleaning at temperatures below 10°C or altitudes above 1,000 meters – the court found they constitute illegal shutdown devices. Critics argue this practice prioritized engine protection over public health, allowing for increased emissions in real-world driving conditions.
A History of Controversy
This ruling is the latest advancement in the “Dieselgate” scandal that erupted in 2015,when it was revealed that VW had installed defeat devices in millions of vehicles to cheat on emissions tests. While the KBA initially mandated software updates to remove these test-bench detection devices, it controversially approved the continued use of thermal windows.
The DUH challenged the KBA’s decision, ultimately leading to a referral to the European Court of Justice (ECJ). The ECJ consistently ruled that any exceptions allowing for shutdown devices must be narrowly interpreted,limited to preventing sudden engine damage,and only considered when no other technical solutions are available. Crucially, the ECJ emphasized that exhaust gas cleaning should function for the majority of the year, not be routinely disabled.
ECJ Guidance Followed
The Schleswig-Holstein court explicitly followed the ECJ’s strict interpretation.The OVG resolute that the shutdown of exhaust gas recirculation at temperatures below 10°C and altitudes above 1,000 meters is fundamentally inadmissible. The court reasoned that average temperatures in significant portions of the European Union fall below 10°C, and many regions exceed 1,000 meters in altitude, rendering the exception invalid.Health protection,the court emphasized,must be prioritized.
What Happens Next?
The KBA is now legally obligated to instruct Volkswagen to implement “suitable remedial measures” to bring affected vehicles into compliance with the law. This could involve further software updates, and potentially, the decommissioning of vehicles that cannot be adequately retrofitted.
The ruling also impacts 118 pending KBA approvals for diesel vehicles from various manufacturers, suggesting a wider crackdown on similar software practices may be on the horizon.
Sources:
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