Volkswacht Bodensee - Volkswagen to take Dieselgate case to federal court

The Higher Administrative Court in the northern state of Schleswig-Holstein on Thursday ruled against Volkswagen and the Federal Office of Motor Vehicles (KBA), saying that the KBA had illegally authorised Volkswagen's Golf Plus TDI model in 2016, despite it being fitted with two illicit "defeat devices" which interfered with emissions controls.

Volkswagen said in a statement sent to AFP that the decision was "not final" and that it would "take legal action at the Federal Constitutional Court".

The company added that as the decision is not final, it does not mean that the KBA will have to take "measures such as removing vehicles' registration or applying technical modifications" to rectify the defeat devices.

The Environmental Action Germany (DUH) pressure group launched the original case in 2018 in the wake of the Dieselgate scandal.

The scandal has caused waves in the global car industry since September 2015, when Volkswagen admitted tampering with millions of diesel vehicles to dupe pollution tests.

To date, Volkswagen has had to pay more than 32 billion euros' worth ($37 billion) of fines over the scandal, mostly in the United States.

The DUH called Thursday's ruling a "breakthrough for clean air and the millions of citizens harmed by Dieselgate".

The group says it estimates the ruling will affect 7.8 million vehicles fitted with devices allowing illegal levels of nitrogen oxide emissions.

However, Volkswagen itself said the decision only affected a number of vehicles "in the low thousands".

J.Marty--VB