Diesel drivers fail in their action against decommissioning (1811289901217)

Owners had refused despite official decrees to make diesel updates in the workshop. Photo: Julian Stratenschulte

Munich (dpa) – The holders of diesel vehicles handled can be held in Bavaria by the authorities to repair their cars with software updates. Refuse to pay them a fine and the decommissioning of vehicles.

Several drivers, who had refused the update and defended against it, were now being beaten by the Munich Administrative Court. The court dismissed their lawsuits on Wednesday. At the moment, the vehicles do not respect the legal requirements, "Judge Dietmar Wolff said, explaining her decision and giving them the opportunity to appeal.

"I am very disappointed," Christina Christmann said after the trial. She and five other plaintiffs drive cars out of
VWGroup with EA 189 type four-cylinder diesel engines. Due to an unauthorized shutdown device for emission control, the Federal Motor Transport Authority is asking the VW group to make recalls. Complainant drivers should ensure with a software update in the shop that their vehicles comply with the legal emission standards.

However, the complainants refused because, according to their lawyer, they feared that the updates caused serious damage to their vehicles. In some cases, the cars were left after software updates, defender Marc Mallers said at the trial. But he also pointed out that a causal link in individual cases is hard to prove.

The Bavarian authorities had banned the complainants after their refusal to continue using the car and threatened them with a fine – they were sometimes allowed only to go to the shop. But that had no consequence, because the orders were submitted to the now fallen judgment. Applicants could continue to use their cars without restrictions.

Even after the decision, they are not threatened with immobilization of the vehicles. 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. That's appealing, the Mallers lawyer wants to decide as soon as the written reason for the verdict is present.

The applicant does not threaten that with consequences. During the trial, Christina Christmann repeatedly expressed her lack of understanding in the face of the order of the authorities: "I was transferred to Munich Airport in 2013", did she declared. There, the expansion of a new terminal and air traffic have increased. "There should be more planes, but I'm not allowed to go to work with my car, I miss proportionality."