Volkswagen is threatened with defeat at the European Court of Justice (ECJ) in the legal dispute over allegedly breach of contract defeat devices. In an opinion by the highest European court, Advocate General Athanasios Rantos takes the view that so-called thermal windows can represent a shutdown device that is illegal and therefore contrary to the contract. According to the ECJ, the software allowed higher nitrogen oxide emissions if it was colder than 15 or warmer than 33 degrees Celsius or the car was driven at an altitude of more than 1000 meters. VW had argued that these were used to protect the vehicle. According to the Wolfsburg-based company, a thermal window can still be justified if, for example, it prevents a malfunction that has an abrupt effect on the operation of the engine itself and that cannot be prevented through regular maintenance.
ECJ – Opinion criticizes VW thermal windows – Economy
