Exhaust of a VW Golf 2.0 TDI
According to a ruling by the European Court of Justice (ECJ), so-called thermal windows in diesel vehicles are not permitted.
(Photo: dpa)
According to a ruling by the European Court of Justice (ECJ), so-called thermal windows in diesel vehicles are not permitted if the exhaust gas cleaning system is only fully functional within a narrow temperature range. If the emissions are only fully cleaned between 15 and 33 degrees Celsius, but not outside this range, it is an illegal defeat device, the ECJ ruled on Thursday. Such a breach of contract is also not insignificant, the court declared. Consequently, a rescission of the purchase contract is not ruled out in principle.
Engine protection argument inadmissible
The decision affects EA 189 engines from the Volkswagen Group. In the diesel scandal, an illegal defeat device was found in these engines, with which the exhaust gas limits were met on the test bench, but not on the road. VW had corrected this mechanism with a software update, which, however, contains a thermal lock with the argument of protecting the engine. The ECJ has now declared this to be inadmissible.
With a thermal window, the exhaust gas recirculation is controlled depending on the temperature. At certain temperatures, which can vary depending on the manufacturer and engine, exhaust gas cleaning is reduced or even switched off, with the result that nitrogen oxide emissions increase. The car manufacturers argue that this is necessary to protect the engine.
More: Dieselgate: How Volkswagen gets into the existential crisis
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