Immediate Driving Ban for Certain Volvo Models in Germany Due to Dieselgate Findings

German authorities have taken an unprecedented step in the ongoing Dieselgate emissions scandal, ordering an immediate driving ban for specific Volvo XC60 diesel vehicles. The Federal Motor Transport Authority (KBA) issued the order on 30 June 2025, targeting 1,700 Volvo XC60 2.0 diesel cars meeting the Euro 5 standard. The decision follows the discovery of an unauthorised “thermal window” function that disables emissions treatment at certain temperatures, leading to excessive nitrogen oxide emissions.

The affected vehicles — produced between March 2011 and April 2013 (variant e11 2007/46 1440*01–05, engine D, 120 kW, front-wheel drive) — feature a temperature-dependent exhaust gas recirculation (EGR) control system. This system reduces or switches off exhaust purification below 15°C and above 30°C, conditions common in much of Europe. The KBA classifies this as an illegal defeat device under Regulation (EC) No 715/2007.

In a rare move, the KBA ordered the cars to be taken off the road immediately, even before the appeal process concludes. Volvo has announced its intention to challenge the ruling but is required to notify all affected owners within two months. This reflects the seriousness with which the German regulator views the breach, having investigated the issue since 2023 without reaching an agreement with the manufacturer.

Reports suggest that the KBA is also investigating whether a further 130,000 Volvo diesel models — including the XC90, V90, and S90 with D4 and D5 engines (Euro 5 and Euro 6) built between 2013 and 2020 — may be fitted with similar systems. If confirmed, the number of affected owners could rise dramatically across Europe.

The legal implications are significant. Recent rulings by both the Court of Justice of the European Union (CJEU) and the German Federal Court of Justice (BGH) have expanded consumer rights in emissions cases. The CJEU ruled in March 2023 that even negligent breaches by manufacturers can justify compensation, while the BGH confirmed that knowingly tolerating excessive emissions — such as through thermal windows — may entitle owners to damages.

Owners may have grounds for compensation, contract rescission, or reimbursement, but prompt legal action is advised to preserve rights. Resources are available to check if a vehicle is affected and to begin the claims process.

This article was published by Ana Wallenrund for Dagen PS
Read more here