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.

The authority’s verdict – clear and final

The authority's decision is clear: In the affected vehicle models, such as the Volvo XC60 2.0 D (Euro 5), the exhaust gas purification system only functions within a narrow temperature range between 15 and 30 degrees Celsius. Outside this range, nitrogen oxide emissions exceed the permissible level, which, according to consistent case law of the European Court of Justice, constitutes prohibited manipulation under Article 5 (2) of Regulation (EC) No. 715/2007.

In concrete terms, this could mean that these vehicles should never have received type approval – they are illegal.

According to reports, Volvo allowed the hearing period granted to it to expire without correcting the defects – an act of willful ignorance or disregard of German and European registration law. As a result, the KBA issued a binding recall notice – the first step toward the permanent decommissioning of all affected vehicles.

130,000 vehicles affected in Germany – road ban threatened

What initially began with a recall of 1,700 vehicles is now developing into a nationwide manipulation scandal: According to internal investigations by the authority, all Volvo diesel models are affected. This means that 130,000 vehicles were illegally put on the road in Germany. Their operating permits are objectively invalid—and their registration is therefore illegal.

It could be that a nationwide road ban is imminent.

Legal situation clear – catastrophic for Volvo

Volvo is faced with a choice between two exclusively negative scenarios:

Emergency legal protection against the recall notice – a legally hopeless step. Any attempt to temporarily halt the proceedings will almost certainly fail. The ECJ and the administrative courts have already taken a clear position: a temperature-dependent shutdown of exhaust gas purification is inadmissible in almost all cases.

Main proceedings, which would drag on for several years. However, even during this process, Volvo must immediately remove the illegal software – a measure the manufacturer is apparently neither willing nor able to implement. If Volvo fails to comply with this obligation, the statutory deadline will expire, and the KBA will immediately forcibly decommission the affected vehicles.

Billion dollar lawsuits inevitable – consumers have a right to return

For all those affected whose cases are still open or whose cases were dismissed in the first instance, we recommend keeping these cases open and exhausting all legal remedies. Based on the Stuttgart Higher Regional Court's ruling, legal expenses insurance should now provide coverage for the further proceedings.

In addition to public law sanctions, a wave of class-action civil lawsuits is looming. The legal framework is clearly defined by numerous supreme court rulings: According to these, buyers of the affected vehicles are entitled to a full rescission of the purchase contract, based on Section 826 of the German Civil Code (BGB), Section 823 (2) of the German Civil Code (BGB) in conjunction with Section 263 of the German Criminal Code (StGB), and Article 5 of Regulation (EC) 715/2007.

The result: return of the vehicle and refund of the purchase price, minus a small usage fee. With tens of thousands of affected cases, the rescission costs add up to a sum that poses an existential risk for Volvo. Therefore, "first come, first served!" applies. Respond NOW!

The “buyback” will not be a voluntary act, but a court-enforced liability for intentional fraud.

Key witness to their own downfall

It's explosive: Volvo has already closed the diesel chapter by 2024. According to the press, the true reason is now revealed: a retreat from the technology to avoid responsibility. The engineers who could have carried out the retrofitting were long ago dismissed – the problem was outsourced, postponed, and suppressed. But now the truth can no longer be suppressed: Volvo cheated. The vehicles are illegal. The consequences are inevitable.

According to reports, the factual and legal situation is clear – Volvo must take responsibility

The public was lied to, buyers cheated, and the environment was damaged. Volvo knowingly violated applicable law and must now face comprehensive legal responsibility.

The consequences are clear:

• Decommissioning of all affected vehicles
• Obligation to recall under administrative coercion
• Rescission of purchase contracts
• Mass civil lawsuits for intentional immoral damage
• Examination of criminal liability at board level

Volvo's diesel chapter is far from over – it is just beginning and will go down in history as a serious breach of the law.

Defend yourself now.

The courts have clearly sided with consumers. They have ruled, in principle, that legal entities suing car manufacturers are entitled to the return of the vehicle, less a so-called compensation for use and repayment of the purchase price, or to pure damages.

Only those who defend themselves can assert their rights and prevent financial loss. Protect your rights.

Financial support:
Currently, all legal protection insurers in Germany cover the costs if the legal protection insurance contract was concluded when the vehicle was purchased.

Der Beitrag Volvo inmitten eines Diesel-Abgasskandals – Zulassungsverbot für 130.000 Fahrzeuge droht erschien zuerst auf R&U.