For the "thermo window"<\/a>, a frequently used manipulation of emissions control, a clear position is emerging in case law: they are illegal. Car manufacturers who sell vehicles with this defeat device are deliberately harming their customers in an immoral manner. This is confirmed by a recent ruling by the Heidelberg Regional Court against Volkswagen.<\/p>\n The "thermal window" - the term was coined by former transport minister Alexander Dobrindt - is a temperature-dependent manipulation of emissions control. It means that the exhaust gas purification only works in a narrow temperature window, for example between 17 and 30 degrees. That is, on the test bench, where it is a pleasant 25 degrees. On the road, however, the exhaust gas purification only works when the weather is good and even then only when it is not too hot. From October to May, i.e. more than half the year, the diesels are on the road as polluters.<\/p>\n This is not a problem for the car companies. Whether\u00a0Audi<\/a>,\u00a0BMW<\/a>,\u00a0Daimler<\/a>,\u00a0Porsche<\/a>\u00a0\u00a0or\u00a0Volkswagen<\/a>: All of them use thermal windows - ostensibly for the purpose of engine protection. In doing so, they refer to Article 5, Paragraph 2, Sentence 2, No. 1 of EC Regulation No. 715\/2007, which allows the use of defeat devices if they serve to ensure the safe operation of the vehicle and protect the engine.\u00a0<\/p>\n\n\n Numerous courts and the Advocate General of the European Court of Justice (ECJ) have already determined that this extremely extensive interpretation of the exception is not legal. It can be assumed that both the ECJ and the Federal Court of Justice (BGH) will definitely declare thermal windows illegal.<\/p>\n\n\nNo exception to the ban on switch-off devices for thermal windows<\/h3>\n\n\n