EA 288: KBA soll zu Genehmigungsverfahren Auskunft erteilen

New evidence decision by the Celle Higher Regional Court in the emissions scandal.

There are many indications that Volkswagen will designate its engine EA288 also equipped with an illegal switch-off device. So far, the Volkswagen Group has been able to dissuade the courts from taking a closer look.

But the Celle Higher Regional Court found the Volkswagen Group's arguments too weak. In a case we conducted, the 7th Senate ordered in a notice and evidence decision dated July 14, 2020, file number 7 U 532/18, that the Federal Motor Transport Authority should disclose whether Volkswagen had fully and truthfully presented all the facts about the software used.

Did Volkswagen deceive the KBA?

The main issue is whether the software for controlling the exhaust gas purification contains an inadmissible switch-off device, the existence of which the KBA has Volkswagen was deceived. This would have meant that the approval process was unlawful and the vehicles bearing the EA 288 would not have been allowed to be registered, let alone sold.

Evidence decision: KBA must provide official information

As part of the decision to take evidence, the KBA must first provide official information as to whether:

it checked the EA288 diesel engine for the presence of an impermissible defeat device after completion of the EC type-approval procedure – and if so, with what result
in the plaintiff's Tiguan an inadmissible switch-off device is installed
this switch-off device reduces the effect of the emission control system so that the installed software uses the steering angle, temperature and time recording to detect whether the vehicle is in the NEDC test cycle - and whether such cycle detection leads to a short-term optimization of the exhaust gas aftertreatment on the test bench
any shutdown devices present are necessary for engine protection and the safe operation of the vehicle, whether they do not operate for longer than is necessary for engine protection and whether the conditions are essentially included in the emission test procedures
such shutdown devices, if present, were concealed by the manufacturer or were hidden by incomplete information.

Should the Senate require further clarification of the facts, an expert opinion shall determine whether

in the plaintiff's Tiguan a switch-off device is installed

and whether

in the vehicle thermal window is effective in reducing exhaust gas aftertreatment at temperatures below 17 °C and above 30 °C to such an extent that significantly more nitrogen oxides are emitted during normal operation than on the test bench?

We firmly believe that the order for evidence will shed light on the matter and confirm that Volkswagen also deceived authorities and customers in the EA 288 case.

"It should actually have been the duty of the Federal Motor Transport Authority to clear up the diesel emissions scandal, but the authority has so far done little to help. The independent media and courts that are dealing with this issue deserve all the greater credit. We therefore welcome the decision to take evidence from Celle, because now the Federal Motor Transport Authority must officially answer questions. We firmly believe that the result of the decision to take evidence will confirm what investigative research by independent media and court decisions have already shown: Volkswagen also deceived its customers with the EA288. Affected diesel buyers should seek legal advice in order to enforce their claims for damages."

Partner Dr. Marco Rogert