LUXEMBOURG (CN) — Volkswagen outfitted its vehicles with another defeat device, a magistrate for the European Court of Justice determined Thursday, taking aim at software that lets emissions spew freely in certain cold temperature and high altitudes.
Advocate General Athanasios Rantos offered his opinion on the matter for the Luxembourg-based court as it considers three cases out of Austria concerning vehicles with diesel engines from Volkswagen and Porsche, their higher-end sister. In each of the cases, the owners say they was misled about their vehicle's compliance with emissions laws.
This is because Volkswagen deactivates its exhaust-purification controls when the temperature outside is below 15 degrees Celsius or above 33 degrees Celsius — in Fahrenheit, about 59 degrees and 91 degrees, respectively — and at driving altitude above 1,000 meters.
Rantos noted Thursday that the temperature in Austria, as in most EU member states, "is more often than not below
15°C over the course of a year and, in view of the topography of those states, vehicles are very often driven at an altitude of over 1,000 m."
In other words, the defeat device would be activated during "normal vehicle operation and use," the opinion states.
“It is not possible to justify a defeat device which operates so frequently,” Rantos wrote, seeing no safety or maintenance grounds for the programming.
In the EU, Volkswagen is required to keep its vehicles from emitting nitrogen dioxide above a certain threshold under a 2007 directive. The gas, created by the reaction of nitrogen and oxygen during fuel combustion, is a major contributor to climate change and also causes respiratory and other health problems.
Volkswagen's compliance with such laws came into question, however, after a 2015 investigation by the U.S. Environmental Protection Agency revealed that the German carmaker had intentionally programmed its diesel engines to activate emissions controls only during laboratory testing to meet regulatory standards.
The scandal, which became known as Dieselgate, affected more than 11 million cars worldwide. In the U.S. alone, 500,000 million vehicles were recalled. The carmaker has faced 60,000 civil suits in Germany, and a class action representing 90,000 car owners is underway in the United Kingdom.
Car manufacturers are seldom victorious when a Diselgate claim makes it to Luxembourg. In an earlier case brought by French prosecutors investigating whether Volkswagen had intentionally deceived consumers, the court slammed the company's arguments that the software existed to prevent engine damage. The court also gave the go-ahead to consumers to bring lawsuits outside of Volkswagen’s home base of Germany, something normally prohibited by EU law.
A final decision in the three cases out of Austria is expected by the end of the year. While the opinion from Rantos is only a recommendation, the court sides with its magistrates in about 80% of cases.
Follow @mollyquell
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
Lead in Lunchables April 19, 2024 -
