OLG erachtet Abschalteinrichtung bei VW T6 als unzulässig

In its decision of 19 July 2021, ref.: 8 U 11/21, the Naumburg Higher Regional Court considers the installed switch-off device in the EA288 engine EU6 with SCR catalyst as inadmissible. The EA288 EU6 engines were fitted with a driving curve recognition system. According to the court, this sets the engine software so that the vehicle maintains an optimised exhaust gas purification strategy on the test bench by increasing the exhaust gas recirculation rate. The exhaust gas recirculation rate is only reduced for a fraction of the test bench. According to Rogert & Ulbrich, this function only serves to "outsmart" the test bench.

Switch-off device does not work in real driving conditions

Recently published internal documents from VW AG show that different operating strategies exist. These change the exhaust gas recirculation rate by detecting the driving curve and the “distance-time corridor” determined in the process. The aim of these different strategies is to ensure that the legally prescribed limits for nitrogen oxides are complied with on the test bench. However, it is not clear how the vehicle’s emissions behaviour will affect real driving on the road. This means that the installed shutdown device has a different emission behavior during test operation compared to real driving conditions. This fact means that the defeat device is not permitted.

Rogert & Ulbrich recommends

By assessing the switch-off device on the EA288 engine with EU6 approval and SCR catalyst as inadmissible, the Naumburg Higher Regional Court has opened up the possibility of successfully asserting claims for damages against VW AG. If you are unsure whether your vehicle is also affected, we would be happy to check your claims. Our initial consultation is free and non-binding. Feel free to contact us for advice without obligation.