Volvo in the Diesel Dilemma: Recall, Legal Dispute – and the Question of Responsibility
The focus is on a temperature-dependent control of the exhaust gas recirculation. Between 15 and 30 degrees Celsius, the exhaust gas purification operates normally; outside this range, the recirculation is almost shut down. The KBA assesses this strategy as an impermissible defeat device – an assessment that the European Court of Justice (ECJ) has already confirmed in comparable cases.
Recall with Immediate Effect
On June 30, 2025, the KBA responded with a mandatory recall for initially 1,700 vehicles of the Volvo XC60 2.0 D type. The affected models were first registered between March 2011 and April 2013. Volvo must now inform all owners in writing within two months and provide a technical solution within 16 months. This measure is subject to immediate execution – however, the vehicles will remain registered for the time being.
What started as a single recall could take on larger dimensions. Internal reviews suggest that all Volvo diesel models are equipped with similar controls. In Germany, around 130,000 vehicles could be affected. Should the suspicion be confirmed, these models face decommissioning—regardless of age or condition.
Volvo's Position: Legal Situation “Reinterpreted”
Volvo responded promptly: In a public statement, the company announced it would appeal against the recall. They are convinced that the technology in question complied with the legal and approval standards of the time. The now criticized software has been known to authorities for years and was even approved in 2017.
The manufacturer's argumentation reveals a familiar strategy: the shutdown serves engine protection—a permissible reason under certain conditions. But courts are now strict. The ECJ requires that such interventions must be technically absolutely necessary and only active for a short time. Comfort reasons or long-term strain relief are not sufficient.
Legal Consequences: Rescission Possible
Many owners could have legal options. According to Markus Klamert, a lawyer specializing in emissions cases, buyers of the affected vehicles have a good chance of a rescission. The basis is § 826 BGB in conjunction with European approval law. If you sue, you can – less a usage compensation – reclaim the purchase price.
The experience from the VW scandal shows: courts are increasingly ruling in favor of consumers. Class actions are also conceivable. This could be expensive for Volvo – not only because of possible repayments, but also due to long-term image damage.
Retrospective with a Bitter Taste
Volvo officially ended the diesel chapter back in 2024. But instead of a clear technological new start, the retreat retrospectively appears more like a flight forward. Retrofit expertise was dismantled, and responsibility for older models was apparently disregarded. Now the restraint is taking its toll: technical solutions are lacking, and the accusation of deliberate manipulation is in the air.
What Taxi and Car Rental Companies Should Know
For passenger transport companies that rely on diesel Volvos, the primary question is about operational capability. No widespread shutdown is in effect yet, but the uncertainty is palpable. Those who have affected vehicles in their fleet should closely follow the further steps of the KBA – and evaluate whether a replacement or return is economically viable.
Conclusion: No Exception for Old Engines
Nearly ten years after the VW diesel scandal, it is clear: even older vehicles are now being scrutinized under stricter standards. The KBA's current recall shows that thermal window strategies are no longer accepted – even if they were once approved.
A lot is at stake for Volvo. For owners, it is time to get informed – and to seek legal advice if necessary.
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