the holder of manipulated diesel vehicles may be required in Bavaria by the authorities to their cars with software updates, repair. The Munich administrative court rejected on Wednesday claims the six affected drivers. “The vehicles do not meet at the Moment, the legal requirements,” explained the presiding judge, Dietmar Wolff, the decision.
The process was nationwide and the first in which a court delivered a judgment in the merits and to like – and not just a preliminary ruling in summary proceedings. In front of the administrative court of the free state of Bavaria, had represented the defendant’s district offices.
The plaintiffs are driving cars from the VW group four-cylinder diesel engines of the type EA 189. Due to unauthorized switch-off device for exhaust gas purification, the Federal motor transport authority had committed to the VW group, the car recall. The holder had refused, in spite of the administrative decision, the software updates in the workshop. They fear and, according to her lawyer, a result of damage to the vehicles.
The Bavarian authorities had then said to use the car more. In some cases you are only allowed to the journey to the workshop. Because the orders were subject to the now fallen judgment, were able to use the Affected your vehicles without any restrictions.
applicant can appeal
Also, according to the current decision-making threatens them first of all, no down load. The administrative court allowed for the possibility of appeal. The process should go in the next instance, can use the holder in your car, at least until there is a ruling.
In the same cases, had the courts – provisionally – decided differently: The administrative courts in Karlsruhe and Sigmaringen, instead, gave the claims of diesel drivers. Several other administrative courts and the higher administrative court of Münster saw, however, “the protection against harmful effects on the environment is only guaranteed if each individual vehicle complies with the applicable emission limit values”.