The automaker faced a diesel emissions scandal after the U.S.
Rantos said that the temperature window when the exhaust fumes were being cleaned “is not representative of real driving conditions” because temperatures often drop below 15 C (59 F) in Austria and Germany, where cars are also routinely driven at higher altitude. The VW software reduces the purification of exhaust gases, chiefly nitrogen oxide, when the weather is colder than 15 C (59 F) or climbs above 33 C (91.4 F), as well as when the vehicle is driven at an altitude of 1,000 meters (3,280 feet) or more. His legal opinion is not binding on the ECJ, but Europe’s top court follows such advice in most cases. He said it would be up to national courts to decide if this is the case. Rantos said it would not be such a device only if it prevents sudden engine damage that could not be avoided through routine maintenance.
