Abgasskandal Archive - R&U

Drohendes Fahrverbot für Volvo-Diesel: KBA fordert Rückruf wegen Abgasmanipulation

ommatic — Fri, 04 Jul 2025 05:24:30 +0000

Volvo has long since abandoned diesel engines and is focusing on hybrid and electric vehicles. But now the Swedish automaker is facing a legacy: Due to emissions manipulation, the Federal Motor Transport Authority (KBA) has been pushing for a recall since 2023 and is now tightening its measures. What does this mean for affected customers?

Is Volvo facing a new emissions scandal after years, even though the major recall wave at manufacturers like VW, Audi, and Mercedes seemed to have long since concluded? The Federal Motor Transport Authority confirmed to FOCUS Online that Volvo must recall around 1,700 XC60 models due to tampered emissions control systems. The KBA stated that the manufacturer has been instructed to contact each owner directly within the next two months. The affected vehicle type approvals were issued at the time by the Spanish type approval authority. This concerns the Volvo XC60 2.0 Diesel Euro 5 (Type D, 120 kW, front-wheel drive, first registered approximately March 2011 to April 2013).

The reason for the recall is an illegal defeat device discovered during market surveillance tests by the KBA. According to the authority, the vehicles' exhaust gas recirculation is reduced, which varies depending on the outside temperature. This reduces the effectiveness of the emissions control system with regard to nitrogen oxides, causing exhaust gas purification to function suboptimally for large parts of the year.

Volvo must recall manipulated diesel SUVs: KBA orders recall

Volvo is reportedly facing a recall dispute after the European Court of Justice (ECJ) retroactively invalidated the emissions control system approved by the authorities for many diesel vehicles. This follows calls from the environmental group Deutsche Umwelthilfe (DUH), which has long been pushing for the removal of millions of diesel cars from the market. If this is implemented, affected vehicles could become worthless to their owners, as they would no longer be allowed to operate.

In the case of Volvo, the Federal Motor Transport Authority (KBA) has ordered the recall of diesel SUV models because it discovered illegal emissions manipulation. Although the decision against the automaker is not yet legally binding, the KBA has ordered the immediate implementation of the recall. A Volvo spokesperson confirmed to FOCUS online that affected vehicle owners will be contacted within the next two months. Volvo will then have another 16 months to remove the illegal emissions control system through software or other updates – similar to what was required in the diesel scandals of other manufacturers, such as Volkswagen.

Despite the recall, Volvo contradicts media reports predicting an impending driving ban for the affected vehicles. The German Federal Motor Transport Authority (KBA) is also unable to confirm a driving ban at this time. According to Volvo, vehicle owners do not need to take any further action at this time. The manufacturer also emphasizes that it cannot understand the KBA's legal reasoning and announced that it will take legal action against the decision.

Legal expert warns of comprehensive legal consequences for Volvo diesel

Markus Klamert, a lawyer specializing in emissions scandals, believes that the recall of Volvo diesel models will not be the final step in this case. "These vehicles should never have received type approval. They are illegal. Period." Klamert criticizes Volvo for allowing the hearing period granted to it to expire without correcting the defects, which he considers to be a deliberate act of turning a blind eye or a disregard for German and European vehicle registration law. The Federal Motor Transport Authority (KBA) subsequently issued a binding recall notice, which represents the first step toward the permanent decommissioning of all affected vehicles.

Klamert refers to internal audits by the authority and claims that all Volvo diesel models are affected. According to his estimates, approximately 130,000 vehicles were illegally placed on the German market, which is why their operating permits are objectively invalid and their registration is therefore illegal. However, the KBA has so far only reported 1,700 affected vehicles.

FOCUS online legal expert Marco Rogert, who has successfully conducted numerous lawsuits in the emissions scandal, sees a potential wave of lawsuits looming against Volvo. "In the Volvo case, a worrying déjà vu could be looming: Software-based defeat devices that exhibit different emissions behavior in test bench operation than on the road are back on the table." Rogert warns that, if the suspicions are confirmed, the manufacturer faces significant liability risks, especially towards consumers who relied on Volvo's environmental promises. He points out that lawmakers have learned from the VW scandal, and the courts are now also vigilant – a development that Volvo should take seriously.

Volvo faces enormous effort: Possible recall could be complex

Volvo has already completely abandoned diesel engines and is now focusing exclusively on hybrid and electric vehicles. However, if the Swedish manufacturer is actually forced to redesign hundreds of thousands of diesel vehicles in Germany and possibly other countries, this could pose an enormous challenge. According to information from FOCUS online, it could be difficult for Volvo to accomplish this task, as the manufacturer, which is part of the Chinese Geely Group, may no longer have sufficient development capacity to develop and test the necessary software or hardware updates.

The effort required to implement these changes would be considerable, especially since they involve extensive overhauls of vehicles, some of which have been on the market for years. It remains to be seen how Volvo will meet this challenge as the KBA continues to push for the elimination of emissions manipulation.

Der Beitrag Drohendes Fahrverbot für Volvo-Diesel: KBA fordert Rückruf wegen Abgasmanipulation erschien zuerst auf R&U.

Durchsuchungen bei Fiat Chrysler jähren sich

Marco Rogert — Thu, 22 Jul 2021 10:53:36 +0000

One year ago today, investigations against Fiat Chrysler in Germany, Italy, and Switzerland. Fiat is accused of installing illegal defeat devices in diesel engines. The searches were conducted at various locations. The investigations involve Fiat, Jeep, Alfa Romeo, and Iveco models that meet the Euro 5 and Euro 6 emissions standards.

Good prospects of success

Currently, no investigation results are available. However, if the suspicion is confirmed, we recommend filing a lawsuit against the company. In our opinion, there are sufficient indications to claim for damages to be awarded.

Rogert & Ulbrich recommends that motorhome owners have their claims checked

It is recommended that Fiat motorhome owners whose diesel is less than 24 months old and meets the Euro 6 standard take action, as they still have warranty claims. We would be happy to advise youWe also recommend that buyers of a used motorhome with a Fiat base vehicle and first registered between 2014 and 2019 seek advice as soon as possible and claim compensation.

Auch Landgericht Tübingen verurteilt Daimler AG zu Schadensersatz bei Mercedes-Benz GLK 220

Marco Rogert — Mon, 12 Jul 2021 13:53:09 +0000

In a court case (7 O 244/20) before the Tübingen Regional Court, Daimler AG was again sentenced to pay damages. In the case in dispute, Mercedes-Benz GLK 220 EU6 It was again found that illegal shutdown devices were installed. There is a justified suspicion that, among other things, a shutdown device was installed which restricted the dosage of the urea supply. "AdBlue" in the SCR catalyst. This results in lower emission values being achieved on the test bench than in regular driving conditions.

Model declaratory action brought by vzbv also concerns Mercedes GLK 220 EU6

The Federal Association of Consumer Organisations (vzbv) will file a so-called model declaratory action (MFK) against Daimler AG at the Higher Regional Court in Stuttgart. This includes various models from the Mercedes GLC and GLK series, including the Mercedes-Benz GLK 220 EU6, which is the subject of the proceedings before the Regional Court of Tübingen. However, this and many other positive judgments show that participation in the MFK against Daimler AG appears to be of little use.

Individual action more sensible than model declaratory action

Why is it advisable to file a so-called individual claim directly instead of first model declaratory action To add: Clearly, the model declaratory action does not replace the individual action. This means that even after a successful model declaratory action, in which only the general claim for damages is to be established, the personal claim for damages must still be asserted in a separate court procedure. However, many courts already affirm the claim for damages today. So why not save time and take action directly for your own success.

Wettbewerbsstrafen gegen BMW und Volkswagen in Millionen Höhe

Marco Rogert — Fri, 09 Jul 2021 08:06:33 +0000

BMW and Volkswagen is accused of having entered into illegal agreements with the competition. In detail, the two companies are said to have colluded to slow down the development and market launch of exhaust gas purification systems. This affects tanks for the fuel additive "AdBlue", which play a crucial role in the purification of car exhaust gases (so-called nitrogen oxides).

Antitrust violation – The technology of AdBlue tanks was not fully exploited

The technology of AdBlue tanks has the potential to reduce harmful emissions beyond the requirements of the EU emissions standard. However, the exploitation of this potential was prevented by agreements between Daimler, BMW and Volkswagen. AdBlue tanks in diesel vehicles with newer generations of catalytic converters contain special urea solutions that could enable more efficient exhaust gas purification and a corresponding reduction in harmful emissions.

Adblue strategy also installed in EA288 diesel engines

Our law firm has received the first positive judgments (including LG Offenburg Az. 3 O 39/20; LG Kleve Az.3 O 421/20) in which the court found a claim for damages due to the installation of inadmissible AdBlue dosing strategies even in vehicles with EA288 diesel engines (successor to EA189) is answered in the affirmative. This means that a so-called SCR catalyst in the vehicle controls the amount of AdBlue injected depending on the situation. The values are reduced on the test bench, in contrast to normal operation.

Landgericht Mönchengladbach entscheidet gegen Daimler AG

Marco Rogert — Fri, 02 Jul 2021 10:32:02 +0000

On 30 June 2021, the Mönchengladbach Regional Court ruled in favour of our client and against Daimler AG. In the proceedings (case no. 6 O 89/20), the disputed Mercedes Benz GLK 250 BT 4M to determine that a impermissible shutdown device As a result, the plaintiff will receive the purchase price after returning his vehicle, less compensation for use in the amount of € 20.271,- again.

The court makes it clear that the Programming of the engine control software illegal This means that the Mercedes-Benz GLK 250 BT 4M in question has various devices installed that differentiate between a situation on the test bench and outside the test bench. In our view, this confirms that Daimler AG has manipulated statutory emissions limits.

Illegal defeat devices also confirmed at Daimler AG

More and more concessions are now also being made by Daimler AG. The vehicles with the OM651 engine type are also affected by illegal defeat devices even without confirmed KBA recall. Currently, more and more Proceedings against Daimler AG and decided in favor of consumers. This is due, among other things, to the fact that Daimler AG is unable to adequately demonstrate that no illegal defeat devices are installed in Mercedes-Benz vehicles.

Illegale Abschalteinrichtung bei Mercedes-Benz

Marco Rogert — Thu, 01 Jul 2021 13:42:52 +0000

It is currently evident that Mercedes has installed further illegal defeat devices in Mercedes vehicles. In the oral hearing before the Federal Court of Justice, it was determined that a temperature-controlled defeat device had been installed in the Mercedes-Benz C220 CDI in question. This time, it was a Software functionwhich controls the temperature. The coolant circuit is artificially kept colder to delay the warming of the engine oil. This deliberately keeps the nitrogen oxide levels and thus the exhaust emissions on the test bench below the legally prescribed limit.

Compensation even without KBA recall

In practice, courts often only awarded damages after an official recall by the Federal Motor Transport Authority. Since May 11, 2021, the situation has changed. The Federal Court of Justice ruled in favor of injured consumers. The success of the lawsuit will no longer be determined by the arbitrary KBA recall. This has led to numerous successful lawsuits against Daimler is to be expected.

Abgasskandal Archive - R&U

Drohendes Fahrverbot für Volvo-Diesel: KBA fordert Rückruf wegen Abgasmanipulation

Durchsuchungen bei Fiat Chrysler jähren sich

Good prospects of success

Rogert & Ulbrich recommends that motorhome owners have their claims checked

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Auch Landgericht Tübingen verurteilt Daimler AG zu Schadensersatz bei Mercedes-Benz GLK 220

Model declaratory action brought by vzbv also concerns Mercedes GLK 220 EU6

Individual action more sensible than model declaratory action

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Wettbewerbsstrafen gegen BMW und Volkswagen in Millionen Höhe

Antitrust violation – The technology of AdBlue tanks was not fully exploited

Adblue strategy also installed in EA288 diesel engines

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Hope again in so-called purchase after knowledge procedure

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Landgericht Mönchengladbach entscheidet gegen Daimler AG

Illegal defeat devices also confirmed at Daimler AG

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Groundbreaking ruling in the emissions scandal against Daimler

vzbv files another model declaratory action – Volkswagen is followed by Daimler AG

Limitation period at Mercedes-Benz at the end of 2021

Illegale Abschalteinrichtung bei Mercedes-Benz

Compensation even without KBA recall

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