CJEC – A critical review of VW thermal windows – Economy

Volkswagen is threatened with defeat at the European Court of Justice (ECJ) in the legal dispute over an alleged violation of the contract defeat mechanisms. In an opinion from the highest European court, Advocate General Athanasios Rantos considers that so-called thermal windows can represent an illegal shutdown device and therefore contrary to the contract. According to the ECJ, the software allowed higher nitrogen oxides emissions if it was colder than 15 or hotter than 33 degrees Celsius or if the car was driven at an altitude of more than 1,000 meters. VW had claimed 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 a drastic effect on the operation of the engine itself and that cannot be avoided by regular maintenance.

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