Diesel scandal: KBA in court over thermal windows
For years, exhaust manipulation has sparked debate between environmentalists and carmakers - because the environmental consequences of illegal defeat devices should not be underestimated. Now the German Environmental Aid (Deutsche Umwelthilfe) is taking legal action against type-approvals of vehicles with thermal windows.
Last November, the European Court of Justice (ECJ) responded to a lawsuit filed by Deutsche Umwelthilfe (DUH) in the context of the emissions scandal and declared thermal windows in the engine control of diesel cars to be illegal. DUH already demanded the recall of the so-called scandal engines and, with the support of the Court of Justice, sued against type approvals by the Federal Motor Transport Authority (KBA). Now it is time for the case to go to court. Indeed, on 20 February it will be heard by the Administrative Court in Schleswig-Holstein.
Specifically, the case concerns diesel vehicles (Euro5), as it is precisely with these internal combustion engines that the thermal window software comes into play - reducing the purification of exhaust gases at cooler temperatures. Which consequently means increased pollutant emissions. The problem? The Federal Motor Transport Authority (KBA) had issued permits for such vehicles, which have the infamous thermo window. The complaint was promptly followed by the environmental aid organisation Umwelthilfe, which frequently carries out exhaust emission tests on a wide variety of cars.
According to the Volkswagen car group, however, temperature-related defeat devices are still necessary for reasons of engine protection. And not - as actually decided by the EU Court of Justice - exclusively in exceptional cases where they remain necessary to avoid a serious danger to the engine and the safe operation of the vehicle. It is still unclear what the final decision of the judges of the Administrative Court will be.
But it is true that a decisive approach against thermal windows - as well as a better defined plan for their control, with possible sanctions in case of violations - is in any case one of the desired scenarios for many. For if they were completely removed from circulation, there would no longer be, for example, the danger of them polluting the air - unknowingly to many and even within environmental zones. Acting against thermal windows at last is therefore not only in line with the decision of the European Court of Justice, but is probably also the right step for the environment and citizens.