Polluting emissions: Volkswagen software deemed illegal - Business

Polluting emissions: Volkswagen software deemed illegal – Business

The EU Court of Justice ruled Wednesday illegal software fitted to diesel vehicles of the Volkswagen brandwhich deactivates the filtering of polluting emissions at certain temperatures, opening the way to compensation for injured customers.

“A device that guarantees compliance with the nitrogen oxide emission limit values” only when the outside temperature is between 15 and 33 degrees Celsius “constitutes a prohibited defeat device”, writes the highest European court.

Below or above, the exhaust gas recycling system is reduced or even stopped.

The CJEU, which sits in Luxembourg, had been seized by the Austrian Supreme Court and two regional courts following the complaint of buyers, claiming the cancellation of their sales contracts concluded between 2011 and 2013.

“Such a defect of the vehicle is not minor”, termination “is not, in principle, excluded”says the CJEU.

The German manufacturer explains that it installed this software to protect the engine, an argument which “does not make it legal”, further underlines the Court.

The group would have to be able to justify “immediate risks of damage or accident (…), of such gravity that they generate a concrete danger when driving” the car.

And even then, the software could not “run for most of the year”.

In a reaction sent to AFP, Volkswagen said it met such criteria, saying that the emissions control system worked up to a temperature of 10 degrees.

“The impact of the judgment is therefore minimal (…) and civil actions for damages claims are doomed to failure,” concludes the group.

This case is separate from “Dieselgate” which had erupted in September 2015, but poses a similar problem.

Volkswagen had admitted to having rigged 11 million cars so that they displayed levels of nitrogen oxide emissions lower than reality.

“With today’s decision, Volkswagen is again caught up in the exhaust gas scandal. Several million vehicle owners could now turn against the Wolfsburg group,” German lawyer Claus Goldenstein, who represents more than 45,000 customers in Dieselgate, reacted in a statement.

The Court of Justice of the EU on Wednesday ruled illegal software fitted to diesel vehicles of the Volkswagen brand, which deactivates the filtering of polluting emissions at certain temperatures, paving the way for compensation for injured customers. “A device that guarantees compliance with the nitrogen oxide emission limit values” only when the outside temperature is between 15 and 33 degrees Celsius “constitutes a prohibited defeat device”, writes the highest European court. Below or above above, the exhaust gas recycling system is indeed reduced, or even stopped. The CJEU, which sits in Luxembourg, had been seized by the Austrian Supreme Court and two regional courts following the complaint of buyers, claiming the cancellation of their sales contracts concluded between 2011 and 2013. “Such a defect of the vehicle not being minor”, the termination “is not, in principle, not excluded”, considers the CJEU. The German manufacturer explains that it has installed c e software to protect the engine, an argument which “does not make it lawful”, further underlines the Court. The group would have to be able to justify “immediate risks of damage or accident (…), of seriousness such that they generate a concrete danger when driving “the car. And even in this case, the software could not “work for most of the year”. In a reaction sent to AFP, Volkswagen said it met such criteria, saying the emissions control system worked down to a temperature of 10 degrees. and self-defeating interests,” the group concludes. This case is separate from the “Dieselgate” that erupted in September 2015, but poses a similar problem. Volkswagen had admitted to rigging 11 million cars to display lower levels of nitrogen oxide emissions than the real thing.”With today’s decision, Volkswagen is once again caught up in the gas scandal Several million vehicle owners could now turn against the Wolfsburg group,” reacted German lawyer Claus Goldenstein, who represents more than 45,000 customers in Dieselgate, in a statement.

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