The proceedings against the VW Group because of the so-called diesel scandal are in financial processing with regard to the 2.0 or 1.6 liter diesel engines, which are referred to in the factory as EA189 and were built until the end of 2015, as Euronorm 5 engines Claims have been asserted in the context of an individual action or in the context of the model declaratory action.
However, it has not yet been determined whether the diesel engine (Euronorm 6) designated in-house as EA288 also has an impermissible defeat device or not. The prevailing case law has so far assumed that there was no “cheating” here.
More and more 4 and 6 cylinder diesel engines from Mercedes-Benz and BMW are coming into focus. It is even undisputed here that the manufacturers have installed a shutdown device in the form of a so-called thermal window, although it is disputed whether this shutdown device is permissible or not.
With this so-called thermal window, the reduction in nitrogen values is switched off within a certain outside temperature time frame. The manufacturers submit that this cut-off device is necessary to protect the engine and ancillary units. It can be assumed that the Federal Court of Justice will comment on this legal and technical problem this year.
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