DUH again publishes measurement results in diesel scandal and expresses harsh criticism of KBA

The DUH press release strongly criticizes in particular the Federal Motor Transport Authority (KBA), which "remains inactive, although the violations are known and legal action is possible," according to the DUH in the wording. It also calls on the KBA to finally take action against Fiat in the diesel scandal and even announces its intention to take legal action against the authority if it continues to remain inactive.

The background to this very clear criticism and the formal complaint against the authority are the once again very poor measurement results on a Fiat Ducato-based motor home. The measurement results on the 180 Multijet, exhaust standard 5 showed an average nitrogen oxide emission of 2,056 mg/km. However, the permissible limit for this vehicle is only 280 mg/km. This represents an excess of the permissible emission values by more than 7 times.

In its complaint, DUH refers to Regulation 2018/585, which came into force in September 2020, since which the KBA can also act as a market surveillance authority if it is not itself the type approval authority. Consequently, according to DUH, the KBA has to act as a market surveillance authority against any manufacturer who has installed illegal parts in its vehicles.

However, since the KBA continues to remain inactive in connection with the Fiat emissions scandal, even though its own measurements also showed inadmissibility, DUH has now filed a complaint. Remo Klinger, who represents DUH in this case, comments as follows: "[After] (...) our client's complaint, the KBA now has three months to take appropriate remedial action (...), [otherwise] we see ourselves forced to take legal action."

It now remains to be seen how the KBA will react to the DUH complaint and whether measures will actually be taken. Otherwise, it remains to be seen whether a lawsuit against the KBA will have the effect hoped for by DUH.