The administrative court of Mainz, forcing diesel drivers to update software

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The driver of a Seat-diesel refuses to release a software update, the licensing authority under said will to the operation of the car – to be decided by law, the administrative court of Mainz.

If a holder refuses an arranged retrofit on his diesel car, may be said of the operation of the car. The decision of the administrative court of Mainz, in a decision published on Wednesday (Az.: 3 L 1099/18.MZ). In the affected Cars, the VW subsidiary Seat an improper shutdown of the built-device for cleaning exhaust gas. This reduces on the test bench, the exhaust gas values is stronger than in road transport. Such shut-off bodies were flying in the diesel scandal.

The force travel Federal office had arranged the information according to the model in a callback. Both the approval authority and the manufacturer requested for the owner, the necessary software update to prove. But the Keeper wanted to retrofit. This is technically disadvantageous and therefore unacceptable – moreover, he does not have to be responsible for the installation of the device.

Air pollution control more important than economic interests of the vehicle owner

As a result, the registration authority said in the short term, the operation of the car, while the owner fought back – but without success. The administrative court rejected his application for a temporary injunction against the approval authority, and stressed that this had acted properly. It was not objectionable, that they have considered the public interest in air pollution control as a priority before economic interests of the vehicle owner.

In March of this year, the administrative court of Karlsruhe had to update the decommissioning of a VW Amarok, without software. It is urgent there was no urgent, immediate enforcement is justified. The already long period since the cut-Off devices in the year 2015, in which the authorities had not acted show.

The authorities in Munich and Hamburg began in June with the first forced closures update have Quietly manipulated diesel cars without the software. A little later, Saxony-Anhalt, began to draw first diesel cars from the road.


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