Dieselgate is like the bad pfennig that always turns up. This year marks the ninth anniversary of the scandal about emissions cheat devices breaking, yet VW is still dealing with the aftermath. The latest setback on the road to redemption comes in the form of a slapdown by a German court that has ruled a software fix for VW diesel engines is illegal.
The case was brought by DUH (Deutsche Umwelthilfe), an environmental group that claimed VW’s remedy was illegal because it still allows the EA-189 to switch off its clean-emissions map in low temperatures, and therefore still functions as an emissions-cheat device, Bloomberg reports. VW countered by arguing that the function was necessary to prevent wear and damage to the 2.0-liter diesel fitted to millions of VWs, Audis, and other cars from the VW Group.
The Schleswig Administrative Court sided with the eco crusaders and revoked a permit previously granted by the German transport regulator that covered 62 models. The permit had allowed VW to address the cheating controversy by a simple software fix rather than by changing the hardware on each car, which would have been far more costly. The same court reached an identical conclusion on a similar case brought against VW around this time last year.
Related: VW May Recall TDIs In Germany After Environmental NGO’s New Dieselgate Win
So what does that mean for drivers of affected cars in Germany? Not much, for now, VW says. The automaker told Bloomberg’s reporters there was “no threat” of cars being forcibly taken off the road, and said it would appeal the decision. It’s already challenged the court’s 2023 decision and is awaiting a new ruling, which could potentially mean millions of cars being recalled if it doesn’t go VW’s way.
But whatever happens in those cases, the story isn’t about to end any time soon. Plenty more cases will keep DUH and the courts busy because the group has filed suits about software fixes against Mercedes, BMW, Fiat, and 15 more automakers.