Diesel-scandal: thermo windows illegal

In the context of the emissions scandal - which has continued to shake the automotive industry since its outbreak in 2015 - Deutsche Umwelthilfe (DUH) had brought an action before the European Court of Justice (ECJ). Now the EU Court of Justice has made a decision that provides clarity on the affected powertrains and at the same time strengthens the rights of consumers. Yesterday, the EU Court of Justice underlined in a ruling (case number C-873/19) that thermo windows in the engine control of diesel cars are against the law.  

The use of such defeat devices, which "reduce the effectiveness of the emission control system" and the exhaust gas purification at perfectly normal temperatures, is and remains "unlawful", according to the court. According to the ECJ, the national authority may only allow exceptions to the exhaust emission rules if they can be justified by the protection of the driver and the engine. The judges insist that thermal windows are only allowed if there is no technical alternative. And "not in order to whitewash exhaust emission values under official test conditions". So it is not only Volkswagen's EA189 engine that is under the magnifying glass of the highest court of the European Union, but also its successors in their applications in the plants of many other manufacturers. Bad news, therefore, also outside the sphere of the carmaker from Wolfsburg, as vehicles of, for example, the Mercedes-Benz Group or the Stellantis car group are now also affected in view of the ECJ ruling. 

Only the urea AdBlue is able to reduce emissions properly and is considered a fundamental part for the compliance with the limit values - and the corresponding approval of diesel vehicles. According to the ruling, all diesel engines without AdBlue injection are potentially illegal. Nevertheless, the manufacturers continue to believe in the permissibility of the shut-off system. Above all, the Volkswagen Group, which was invited to participate in the proceedings, maintains that the use of the thermo window is necessary because "it protects against serious, immediate risks to the engine in the form of damage or an accident". That this use could worsen the air and environmental situation, as well as the footprint of road traffic, is the Tribunal's fear. Will this asymmetry between the car industry and the European Union lead to the introduction of driving bans for almost all diesel vehicles? 

Until then, however, other measures are being called for. The German Environmental Aid, which has been given the right to take legal action against type approvals by the Federal Motor Transport Authority (KBA) as a result of the EU Court ruling, is already demanding the recall of the so-called scandal engines. According to DUH estimates, such vehicles are to be retrofitted by manufacturers due to unreliable exhaust gas purification or taken out of service after customer compensation. Five million diesel cars would then leave the roads, should Federal Transport Minister Volker Wissing (FDP) listen to the request of Environmental Aid Director Jürgen Resch. A reduction in the vehicle population, while not sufficient to significantly reduce traffic-related pollutant emissions, could mitigate the consequences of the diesel scandal. Until then, per se, five million diesel vehicles are illegally on the road in the environmental zones and continue to pollute the air - partly unknowingly to the drivers.