VW: Emissions defeat device ‘not forbidden’ in Europe

January 22, 2016

Volkswagen has backtracked from its remorseful reaction to the TDI emissions scandal, signaling a more defensive and argumentative approach in dealing with European regulators.

The company has not retracted its admission that a ‘defeat’ system ran afoul of US emissions laws, however board members have reportedly decided that European regulations provide more room for interpretation.

The controversial emissions control system “is not a forbidden defeat device” when interpreted against European rules, a spokesman said in a statement to The New York Times.

Vehicles sold in many overseas markets will receive revised software and an airflow guide to improve mass airflow sensor (MAF) accuracy. The refits are minor compared to the more extensive modifications that will be required for offending vehicles sold in the US, as the Environmental Protection Agency enforces much lower limits for nitrogen oxides.

The latest statement is interpreted as the first hint toward a legal defense against lawsuits and potential damages. VW sold 17 non-compliant vehicles in Europe for every one cheating vehicle that landed in the US. The disparity potentially exposes the company to much higher settlements, buyback costs and compensation payouts in its home region.

The automaker claims it has worked with German authorities to develop an acceptable resolution “in the interest of customers,” but the cooperation does not represent an admission of guilt.

“We did not want a dispute putting a strain on [implementing an action plan],” the statement added.

The strategy will presumably be put to test in various courts throughout Europe, potentially affecting both criminal and civil litigation. In the meantime, VW’s US legal team faces an ever-growing onslaught of separate lawsuits and government investigations.

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