The German Environmental Aid has filed a lawsuit against the Federal Motor Transport Authority (KBA). The environmental aid accuses the KBA of “not taking action against impermissible defeat devices and massively increased nitrogen oxide emissions in Fiat mobile homes”. The KBA, as the responsible market surveillance authority, has been obliged to do this since a new EU regulation came into force in September 2020.
The Schleswig-Holstein administrative court confirmed receipt of the complaint (Az. 3 A 177/22). The KBA rejected the accusation of inaction. As a market surveillance authority, the office “continuously examines vehicles from different manufacturers”.
“Extremely high nitrogen oxide emissions”
The environmental aid announced that at the end of 2020 they had found “extremely high nitrogen oxide emissions” when measuring two Fiat Ducato-based motorhomes. The measurement results were sent to the KBA. In May 2021, the KBA confirmed in a letter to the DUH that its own measurements had also found “high nitrogen oxide emissions due to impermissibility” in Fiat Ducato models. The Federal Office has announced that it will examine further steps.
The DUH then sent further exhaust gas measurements with the same result for seven other mobile homes and asked the KBA to take action. In June 2022, the DUH then filed a complaint for inaction, and now the lawsuit has followed.
The KBA replied that it had carried out its own measurements on the mobile homes when another framework directive was in force. “It was therefore not yet possible for the KBA to apply the powers for market surveillance authorities from the new Regulation (EU) 2018/858,” it said. Therefore, the responsible type approval authority in Italy was informed about the test results of the KBA and “remedial measures were requested”. “However, the Italian type-approval authority rejected the non-conformity of the vehicles with the approved type reported by the KBA.” The European Commission has therefore been informed and, in the opinion of the KBA, is responsible for the further steps.
