Emissions scandal 2024: Lawsuit against Federal Motor Transport Authority

Schleswig Administrative Court: Environmental Aid attacks authority for questionable approval of software updates

The German Environmental Aid (DUH) has again successfully sued the Federal Motor Transport Authority (KBA) before the Schleswig Administrative Court (case no. 3 A 332/20). The DUH is demanding the annulment of approval notices that the KBA has issued in the past for software updates. These updates were approved in order to correct inadmissible exhaust gas purification switch-off devices on certain diesel engines. The court ruled in favor of the DUH and thus upheld its claim.

Chamber considers thermal windows to be inadmissible

The court's chamber considers so-called thermal windows in particular to be inadmissible defeat devices that the KBA should not have approved. The car manufacturers Volkswagen, Audi and Seat, which belong to the Volkswagen Group, were involved in the hearing. The decision affects 62 older models of various brands of the Volkswagen Group. The chamber chairman emphasized that defeat devices are only permissible if they directly prevent damage to the engine. This was not the case in this case.

DUH urges action

The German Environmental Aid (DUH) is urging the Federal Motor Transport Authority (KBA) to finally take action. DUH Federal Managing Director Jürgen Resch describes the ruling as a clear defeat for Federal Transport Minister Wissing and the KBA under his leadership. He stresses that by switching off proper exhaust gas purification in millions of diesel vehicles, "millions of people in our cities would be unnecessarily exposed to high, extremely harmful nitrogen dioxide concentrations."

dispute over thermal windows

The long-standing dispute between environmentalists and car manufacturers revolves primarily around thermal windows. This software reduces the cleaning of exhaust gases, especially at lower temperatures, which causes vehicles to emit more pollutants.

legal remedy announced

About a year ago, this court dealt with a similar case and essentially ruled in favor of Deutsche Umwelthilfe (DUH). At the time, the lawsuit concerned older models of the VW Golf with the same engine type (judgment of February 20, 2022, case number 3 A 113/18). This judgment is not yet final. Both the Federal Motor Transport Authority (KBA) and Volkswagen have appealed to the Schleswig-Holstein Higher Administrative Court (OVG) in Schleswig.

Volkswagen has announced that it will also appeal against the current ruling. In addition to the appeal to the Higher Administrative Court, the Administrative Court has allowed an appeal to the Federal Administrative Court due to the fundamental importance of the legal case.

R&U Rechtsanwälte recommend

This case clearly underlines that the emissions scandal is far from being fully resolved. We therefore recommend that you have your situation reviewed by our experienced R&U lawyers to determine whether you are affected by the diesel emissions scandal and are entitled to compensation. Benefit from our many years of expertise as a leading law firm in the field of the diesel complex and receive free advice by telephone.