Defeat devices that only clean emissions between 15 and 33 degrees Celsius are inadmissible, the ECJ announced yesterday, Thursday. Because then the cleaning does not work at the usual temperatures in Europe for most of the year.
The so-called thermal window restricts the emission control. If it is cooler or warmer, no exhaust gases are recirculated, which is good for the engine but pollutes the environment. According to experts, this is common in many vehicles.
With regard to possible claims for damages, the ECJ pointed out that consumers could demand repairs or replacement deliveries under EU law. The verdict was triggered by lawsuits in Austria against Volkswagen, whose engines have thermal windows installed. VW argues that the thermal window is technically necessary to protect the engine and that there is a risk of accidents without it.
Now the ball is in the hands of the courts in Austria, who must examine whether such a necessity exists and whether claims for damages exist.
Source: Nachrichten
