Get 40% Off
🤯 This Tech Portfolio is up 29% YTD! Join Now to Get April’s Top PicksGet The Picks – Just 99 USD

EU court adviser finds car defeat devices broadly illegal

Published 09/23/2021, 04:09 AM
Updated 09/23/2021, 09:41 AM
© Reuters. FILE PHOTO: The VW logo is seen at the site of the first hearing of a consumer group's class action suit on behalf of Volkswagen owners against VW over the diesel emissions cheating scandal, at the Higher Regional Court in Braunschweig, Germany, September

© Reuters. FILE PHOTO: The VW logo is seen at the site of the first hearing of a consumer group's class action suit on behalf of Volkswagen owners against VW over the diesel emissions cheating scandal, at the Higher Regional Court in Braunschweig, Germany, September

BRUSSELS (Reuters) -Software Volkswagen AG (OTC:VWAGY) used to alter pollutant emissions based on the temperature and altitude is illegal unless it prevents potentially dangerous sudden damage to the engine, an adviser to the EU's top court said on Thursday.

The finding, if confirmed by the Court of Justice of the European Union (CJEU), is the latest step in a series of cases following the German carmaker's 2015 admission of wrongdoing in the Dieselgate scandal.

Judges at the CJEU typically follow opinions of the advocate general, but are not bound to.

Volkswagen (DE:VOWG_p) said the temperature windows used in VW group vehicles was permissible because their their purpose was to prevent sudden and immediate risks of damage to the engine.

The case, brought by consumers in Austria, centres on software controlling a valve that recirculates exhaust gases from the engine outlet. This reduces emissions of nitrogen oxides (NOx), which can cause respiratory problems in humans.

The software shuts off the valve at temperatures outside the range of 15-33 Celsius (59-91 F) and at altitudes above 1,000 metres (3,280 feet), increasing NOx emissions. The consumers contend this is a prohibited defeat device, for which they should be compensated.

In his legal opinion, CJEU advocate general Athanasios Rantos noted the court ruled last December that emissions-rigging software was illegal, even if it contributed to preventing ageing or clogging up of the engine.

Rantos said the temperature window was not representative of real driving conditions in Austria and neighbouring Germany, as the average temperature was significantly lower than 15 C. Vehicles would also often be driven above 1,000 metres.

© Reuters. FILE PHOTO: The VW logo is seen at the site of the first hearing of a consumer group's class action suit on behalf of Volkswagen owners against VW over the diesel emissions cheating scandal, at the Higher Regional Court in Braunschweig, Germany, September 30, 2019.     REUTERS/Michele Tantussi/File Photo

The software was a "defeat device", he said, and could only be justified if a malfunctioning of the valve had a sudden impact on the engine, such as a power failure while being driven, even if the vehicle undergoes regular maintenance.

The advocate general said that it was for the Austrian courts to determine where the defeat device was necessary. He added that one court had said this was impossible to do.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.