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Owners of used diesel vehicles may be forced into Bavaria by the authorities to repair their cars with software updates. The Munich Administrative Court on Wednesday dismissed the prosecution of six drivers involved. "The vehicles do not meet the legal requirements at the moment," Judge President Dietmar Wolff said in the decision.
The lawsuit was the first in the country to have a court decision on the merits – not just a preliminary ruling in an expedited case. The Free State of Bavaria had represented the defendant's district offices in the administrative court.
Applicants drive VW group cars with EA 189-type four-cylinder diesel engines. Due to an unauthorized shutdown device for cleaning exhaust gases, the Federal Motor Transport Authority forced the VW group to recall the car. Despite the official decision, the owners have refused to carry out software updates in the workshop. According to their lawyer, they fear consequential damage to vehicles.
The Bavarian authorities then forbade them to continue using the car. Sometimes they were only allowed to drive until the workshop. However, as the orders were subject to the judgment that had just been pronounced, the victims could continue to use their vehicles without restrictions.
Applicants can appeal
Even after the current decision threatened them first, no respite. The administrative court allowed the possibility of appeal. If the case goes on to the next instance, owners can use their car at least until a verdict is made.
In the same case, the courts had – for the moment – decided differently: the administrative courts of Karlsruhe and Sigmaringen had sued Diesel drivers. Moreover, several administrative courts and the Higher Administrative Court of Münster have held that "the protection against harmful effects on the environment is guaranteed only if each vehicle complies with the applicable emission limit values" .
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