Software-Update Abgasskandal - Verbraucherschutz Blog - R&U

Abgasskandal 2024: Klage gegen Kraftfahrt Bundesamt

Stefan Selge — Tue, 05 Mar 2024 08:50:15 +0000

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.

Der Beitrag Abgasskandal 2024: Klage gegen Kraftfahrt Bundesamt erschien zuerst auf R&U.

KBA weist auf Unzulässigkeit bei Mercedes-Benz hin

Marco Rogert — Tue, 14 Jun 2022 10:50:09 +0000

The Federal Motor Transport Authority (KBA) was asked by the Higher Regional Court (OLG) of Munich to provide information by order of 3 August 2021. The subject matter of the dispute was a Mercedes-Benz GLK 220 CDI 4MATIC diesel with 125 kW and Euro 5-emission standard. According to the KBA, the vehicle has a impermissible shutdown device regarding emissions behaviour. As early as 21 June 2019, the authority issued a Recall notice for vehicles of this model.

Coolant target temperature is not permitted

The reason for the recall of some Mercedes-Benz GLK vehicles is that the pollutant and exhaust gas strategy was classified as inadmissible due to a “regulated coolant thermostat” during engine warm-up.

With coolant target temperature control, a software function activates a special temperature control that artificially keeps the coolant circuit cooler and delays the warming up of the engine oil. Only in this way can nitrogen oxide levels on the test bench remain below the legally prescribed limits. However, in real-world driving conditions, this function is deactivated, and the legal limit of 180 mg/km is significantly exceeded. The software function was discovered during emissions measurements on a Mercedes GLK 220 CDI with the OM 651 diesel engine and Euro 5 standard.

The Federal Court of Justice (BGH) has also multiple positive for consumers. Only recently, the Federal Court of Justice (BGH) ruled again in a case we were conducting that the judgment of the Higher Regional Court (OLG) of Koblenz had to be overturned and referred back to the Court of Appeal for a new decision (Federal Court of Justice decision of 20 April 2022, Ref. VII ZR 720/21). This case also concerned a used Mercedes-Benz GLK 220 CDI BE 4M (emission class Euro 5). The vehicle is equipped with a Diesel engine type OM 651 equipped.

Rogert & Ulbrich recommends Mercedes-Benz drivers

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LG Düsseldorf: Erneut positive Entscheidung zu 3-Liter-Motor

Marco Rogert — Wed, 01 Jun 2022 09:03:44 +0000

The Regional Court (LG) Düsseldorf sentenced Audi AG to pay damages in the amount of € 40,472 and to take back one Audi AG Avant 3.0 TDI (Judgment of 25.05.2022, Az. 16 O 345/20). The vehicle in question has a EA897 evo engine and was registered according to EU standard 6. The plaintiff (a foundation) purchased the Audi A6 Avant 3.0 l on November 24, 2017 for a net purchase price of € 47,305. The new car had a mileage of 0 km when it was purchased. At the time of the oral hearing, the vehicle had a mileage of 36,112 km.

The LG sees compensation for intentional immoral damage according to § 826 BGB combined with § 31 BGB As a given, Audi AG has, by placing the engine on the market with a manipulated engine control software implicitly deceived.

No retroactive contract conclusion due to software update

The programming of the control software with regard to AdBlue injection is provided with a function that is known as impermissible shutdown device in accordance with Article 5, paragraphs 1 and 2 of Regulation (EC) 715/207. The Federal Motor Transport Authority (KBA) has also classified the programming in this way. The control software reduces nitrogen emissions by injecting AdBlue accordingly. The system is then only switched off during normal operation.

The installation of such engine control software is also immoral, as it was carried out solely to deceive the KBA about compliance with the emission limits in the respective driving cycles in order to obtain type approval. Audi AG also accepted the harm to a large number of people, significant material damage and increased environmental damage.

According to the regional court, the plaintiff also suffered damage because the purchase burdened the plaintiff with an unwanted obligation. The vehicle is not usable as it is, as the type approval can be revoked at any time. The damage caused cannot be remedied by the subsequent possibility of a software update. This is because an immorally concluded contract through deception cannot lead to an intended conclusion of the contract through a later software update.

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„Premium“ Dieselskandal: Neue Entscheidung zu 3-Liter-V6-Motor

Marco Rogert — Tue, 17 May 2022 06:50:17 +0000

The Higher Regional Court (OLG) Celle rejected VW AG's appeal by decision of May 13, 2022 (decision of May 13, 2022, ref. 7 U 791/21). The Regional Court (LG) Hildesheim had previously awarded a plaintiff represented by us damages in the amount of € 34,912 against return of the vehicle (Judgment of 02.07.2021, Ref. No. 5 O 206/20)The vehicle in question is a VW Touareg 3.0 TDI with the emission class Euro-6. The vehicle has the engine V6 3.0 TDI. The plaintiff had purchased the VW Touareg for a purchase price of €40,990. At the time of purchase, the vehicle had a mileage of 55,362 km. On October 13, 2020, the mileage was 84,770 km.

VW AG also guilty regarding V6 3.0 TDI engine

VW AG is guilty of deception not only with the EA 189 diesel engine it developed and produced, but also with regard to the V6 3.0 TDI engine manufactured by Audi AG. This engine was also installed in the VW Touareg in question.

The Audi AG-manufactured V6 3.0 TDI engine was able to, as was the one developed and manufactured by VW AG diesel engine EA 189, the prescribed exhaust emissions in the type approval procedure only comply with the test bench and not in real road use. To ensure compliance with the exhaust emissions on the test bench, software was developed that recognizes the roller test bench based on various parameters and controls the engine function accordingly. The Hildesheim Regional Court had already determined that the engine type in question was equipped with an inadmissible switch-off device intended to deceive.

The fact that VW AG has now been found guilty of the V6 3.0 TDI engine produced by Audi AG is a further step forward in the diesel emissions scandal. VW AG has now also been convicted as a vehicle manufacturer. The engine type in question was deliberately installed by VW in order to deceive the Federal Motor Transport Authority (KBA) and buyers. It does not matter that Audi AG produced the V6 3.0 TDI engine.

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Fiat-Abgasskandal: Chancen für Verbraucher steigen

Marco Rogert — Wed, 20 Apr 2022 07:04:20 +0000

The Higher Regional Court (OLG) of Cologne announced in a decision dated 24 February 2022 that it intends to reject the appeal of the Fiat Chrysler Automobiles against a judgment of the Aachen Regional Court (case no. 28 U 55/21). The Higher Regional Court thus takes a consumer-friendly stance. With this decision, the Higher Regional Court also made it clear that the allegation of emissions manipulation is to be regarded as admitted. The plaintiff had sufficiently demonstrated in his submissions the requirements for intentional and immoral damage according to § 826 BGB explained.

The vehicle in question is a Motorhome Twist from the manufacturer ChaussonThe Regional Court (LG) Aachen had, by default, ordered Fiat Chrysler Automobiles for payment of €37,706 against the return of the motorhome (case no. 12 O 279/21). The purchase price of the motorhome was €41,400.

The emissions limits are only met on the test bench, not in real driving conditions on the road. Fiat Chrysler Automobiles installed a timer in the emissions control system that throttles the emissions control system after 22 minutes. This period corresponds exactly to the NEDC test cycle required to obtain the so-called EC type approval, without which the vehicle would not have been allowed to drive on European roads.

Consumer-friendly development

Other courts have also ruled in favor of consumers. Among others, the Landau Regional Court ordered Fiat Chrysler to pay damages in the amount of €48,155 (judgment of December 6, 2021, case number 2 O 169/21).

The Regional Court of Stade has also already ordered the dealer of a motorhome to pay damages due to a defective vehicle (judgment of August 17, 2021, case number 2 O 175/21).

The German Federal Motor Transport Authority (KBA) confirmed diesel manipulation in Fiat motorhomes last year. Due to illegal programming in the vehicles' (emissions) software, high nitrogen oxide emissions are occurring.

Due to the ever-increasing, consumer-friendly developments in the Fiat emissions scandal, the chances of obtaining compensation are increasing enormously.

Rogert & Ulbrich recommends

We are a renowned law firm with special expertise in consumer protection. We advise and represent vehicle buyers nationwide who have been harmed in the diesel emissions scandal. Current case law in the Fiat emissions scandal is becoming increasingly consumer-friendly. Therefore, we recommend your claims for damages to have it checked and asserted. Let us advise you free of charge and without obligation.

Opel-Abgasskandal: Erst freiwillige Servicemaßnahme, dann doch verpflichtender Rückruf

Marco Rogert — Mon, 11 Apr 2022 07:00:00 +0000

The popular German car manufacturer under the umbrella of the multinational automotive group Stellantis is even more deeply involved in the emissions scandal than was initially assumed. As the recently published recall As the German Federal Motor Transport Authority (KBA) has shown in its investigation into Opel, the manufacturer not only intervened in the Cascada, Insignia and Zafira models with AdBlue injection to illegal switch-off devices, but also in other vehicles that are supposed to meet the Euro 6 emissions standard. According to the KBA, in Germany alone, almost 75,000 Astra, Corsa and Insignia models from the years 2013 to 2018 are affected.

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.

Opel-Abgasskandal: Neue amtliche Rückrufe

Marco Rogert — Wed, 06 Apr 2022 06:00:00 +0000

The recall database of the Federal Motor Transport Authority (KBA) has once again been expanded with new recall measures the vehicle manufacturer Opel richer. As a result, the Opel emissions scandal is increasingly expanding. More and more vehicles are affected by the recalls. In Germany alone, 74,554 vehicles are affected by the recall campaign published on February 17, 2022 (recall code E222115640 (22-C-013) O7A). Worldwide, more than 400,000 vehicles are affected by this campaign alone.

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.

Software-Update Abgasskandal - Verbraucherschutz Blog - R&U

Abgasskandal 2024: Klage gegen Kraftfahrt Bundesamt

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

Chamber considers thermal windows to be inadmissible

DUH urges action

dispute over thermal windows

legal remedy announced

R&U Rechtsanwälte recommend

KBA weist auf Unzulässigkeit bei Mercedes-Benz hin

Coolant target temperature is not permitted

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LG Düsseldorf: Erneut positive Entscheidung zu 3-Liter-Motor

No retroactive contract conclusion due to software update

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„Premium“ Dieselskandal: Neue Entscheidung zu 3-Liter-V6-Motor

VW AG also guilty regarding V6 3.0 TDI engine

Rogert & Ulbrich recommends

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Fiat-Abgasskandal: Chancen für Verbraucher steigen

Consumer-friendly development

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Opel-Abgasskandal: Erst freiwillige Servicemaßnahme, dann doch verpflichtender Rückruf

Opel: Request for software update reaches the first vehicle owners

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

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Opel-Abgasskandal: Neue amtliche Rückrufe

Software update: yes or no?

Opel drivers should therefore act now

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