What is special about it: At the beginning of 2021, the KBA initially granted Opel the opportunity to eliminate the inadmissible defeat device(s) with the help of a so-called “voluntary” software update, before the measure was converted into a mandatory recall in December 2021.  

Opel: Request for software update reaches the first vehicle owners 

For about two weeks now, affected vehicle owners have been receiving a request to contact their Opel service partner "immediately" and have the software "conversion" carried out. Despite the KBA's order to Opel that must be implemented immediately, the manufacturer still maintains that the vehicles do not contain any prohibited functions (defeat devices).

This makes the fact that the campaign number of the voluntary software "upgrade" at the beginning of 2021 (E172109770 (21-R-054) 084) and that of the now mandatory software update (E172109770 (21-R-054)) do not differ seem all the more questionable. On the contrary: Opel even explicitly points out that it is the same software update.

“Voluntary” service measures at Opel are not as “voluntary” as one might initially assume

The case described makes it clear that so-called "voluntary" service measures (often) only serve to unconsciously remove ("conceal") defeat devices installed in the vehicle. If a certain number of affected vehicle owners take part in a voluntary recall campaign, the manufacturer can avoid a mandatory recall measure. A public admission that the KBA's order was issued due to the use of legally inadmissible defeat devices can thus be avoided.

Opel seems to have failed to do this and is now likely to face a veritable wave of lawsuits Our law firm received numerous inquiries within a very short period of time.

Do you also drive an affected vehicle and have you already been asked by Opel to carry out the software “conversion”? Let's talk! We will examine your claim for compensation free of charge and initiate all further necessary steps for you.    

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The official recall (recall code E222115640 (22-C-013) O7A) includes the Astra, Corsa and Insignia models from 2013-2018 with a 1.3 l and 1.6 l diesel engine of the Euro 6 approval standard and thus some of the manufacturer's particularly popular models.

The illegal defeat devices were discovered on the popular vehicles as early as 2021. According to the KBA, this includes the following Opel models:

• Corsa (model year 2014-2016)
• Corsa (Van) (model year 2014-2016)
• Corsa (Van) (model year 2015-2016)
• Astra (saloon) (model year 2014-2015)
• Astra Sports Tourer (model year 2014-2018)
• Astra GTC (model year 2014-2018)
• Astra Notchback (model year 2014-2018)
• Astra (Van) (built in 2015)
• Astra, Astra+ (model year 2015-2018)
• Astra Sports Tourer, Astra Sports Tourer+ (model year 2015-2018)
• Insignia (model year 2015-2016)

All models affected by the recall are Euro Class 6 diesel vehicles.

Software update: yes or no?

You should not install a software update to supposedly improve NOx or emission values. As with all other manufacturers, the measures can have a negative impact on the vehicles. Among other things, it can lead to a reduction in performance or increased fuel consumption, or even sooting of the engine. You should ask yourself: If the exhaust problem could be dealt with "quickly and easily" with a simple software update without any harmful effects on the engine - why was this update not installed directly?

In our opinion, the installation of software updates only serves to "cover up" the original shutdown devices installed on the engine control unit. Engine control with the same hardware basically represents a kind of "compromise" of many components, including emissions, performance, handling, consumption and durability of individual vehicle parts. It is therefore not possible to improve emissions without accepting a deterioration elsewhere.

If you have the software update installed, there will no longer be any possibility of proving the deception in the original software, even if evidence is taken in court.

Opel drivers should therefore act now

Do you drive an Opel? Then you should now possible claims We are a renowned commercial law firm with particular expertise in consumer protection and a pioneer in the emissions scandal. We will be happy to advise you free of charge and without obligationwhether you are entitled to compensation.

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The main aim is to determine whether the engine of the Opel Insignia the plaintiff's vehicle was programmed in such a way that the software – before the update – recognised (for example based on steering movements, ambient pressure, speed changes, but also on other parameters) whether the vehicle was on the test bench or in real road traffic?
If this question is answered in the affirmative, the court would like to know whether, for example, the exhaust gas recirculation rate changed, the AdBlue supply was reduced, whether the vehicle even met the Euro6 emissions standard before the update and whether the respective devices were actually necessary to protect the engine.

Perhaps it would be advisable for Adam Opel GmbH to come clean and put its cards on the table. The fine imposed by the Frankfurt am Main public prosecutor's office was also accepted.

After fine, first evidence decision

Opel had accepted a fine of 64.8 million euros in the diesel scandal. The public prosecutor had imposed this fine because several Opel diesel models had emitted significantly higher levels of pollutants than those reported to the Federal Motor Transport Authority. After paying the fine, there should be no proceedings like those against VW AG. Proceedings against six managers responsible were dropped due to minor guilt or payment of conditions. Opel remains convinced that all vehicles have complied with the legal requirements at all times. There is no illegal switch-off device.

The above-mentioned advisory decision could now be a step in the other direction. It could now clarify whether an illegal switch-off device may have been installed and whether this could give rise to a possible claim for damages for Opel drivers.

Opel drivers should act now

If you drive an Opel, you should now possible claims We are a renowned commercial law firm with particular expertise in consumer protection and a pioneer in the emissions scandal. We will be happy to advise you free of charge and without obligationwhether you are entitled to compensation.

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