Volkswagen and Germany’s transport regulator KBA failed to overturn a lower court ruling that quashed a regulatory approval of a software device that deactivates emission cleaning in diesel engines depending on temperature.
The Schleswig Administrative Appeals Court said Thursday that it rejected the appeals against a lower court decision won by environmental group DUH over the 2016 approval of devices VW employed in its Golf Plus TDI cars.
KBA must now order VW to take the necessary steps to bring the vehicles in line with the law. The judges didn’t allow any further appeal.
A VW spokesman said the company will petition to be allowed to appeal the ruling. The judgment concerns a “low 5-digit number” of its Golf models, he added.
The case is one of the lingering headaches from the decade-old diesel scandal. The software was deployed to fix implicated engines.
DUH claims the carmaker may now have to recall or refit as many as 7.8 million cars.
VW had said before the ruling that only 88,000 vehicles could “theoretically” be concerned and that it didn’t know how may were actually still on the streets.
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