The deadline of December 31.12.2019, 31.07.2019, initially thought rigid, no longer exists. The background is that the VW Group has once again programmed an illegal shutdown device in the vehicles with the software update (cf. LG Düsseldorf, judgment of July 7, 166, ref .: 18 O 195/199). Thus, a new period began to run according to §§ 31.12.2022, XNUMX BGB, which only ends on December XNUMX, XNUMX.
In particular, the software update was used to program exhaust gas cleaning in such a way that exhaust gas cleaning only starts at outside temperatures between 10 - 32 degrees and is switched off below and above this temperature range; Furthermore, the exhaust gas purification is only used up to a height of 1000 m (so-called thermal window).
The installation of such a “thermal window” constitutes a further impermissible shutdown device in the sense of Art. 5 Para. 2 Clause 1 of Regulation 715/2007 / EC of the objectives listed in Regulation 715/2007 / EC - the exhaust gas recirculation system is also to be regarded as part of the emission control system. The installed thermal window therefore changes the function of the emission control system depending on certain outside temperatures, so that it represents a switch-off device within the meaning of Art. 3 No. 10 VO 715/2007 / EG. That the KBA of this thermal window with the release of the software update does not act as an inadmissible shutdown device according to Art. 5 Para. 2 Clause 1 of Regulation 715/2007 / EC does not conflict with this, since the question of whether a switch-off device is inadmissible or not is a legal question that must be examined and answered by the courts , see. to the whole already eg LG Stuttgart, judgment from January 17.01.2019, 23 - 172 O 18/31.07.2019 and LG Düsseldorf, judgment of 7/166/18 - XNUMX O XNUMX/XNUMX.