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Volkswagen’s Dieselgate software fix has another cheat device: German court

A Volkswagen diesel engine. (Credit: Volkswagen)

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It appears that Volkswagen’s high-profile Dieselgate scandal won’t let go of the veteran German automaker just yet. In a recent decision, a district court in Düsseldorf, Germany has declared that Volkswagen’s software fix for vehicles affected by its Dieselgate emissions cheating scandal that broke in 2015 actually contained another cheating device. 

With this development, the carmaker could face a new wave of claims from hundreds of thousands of car buyers whose vehicles were supposedly addressed by the Dieselgate software fix. This could also result in an equally large number of Volkswagen diesel owners receiving compensation over the company’s newly-discovered emissions manipulation efforts

According to the findings of the Düsseldorf district court, Volkswagen’s Dieselgate software fix was intended to ensure that the emissions of vehicles affected by the scandal were appropriately controlled. Unfortunately, it turned out that the exhaust gas cleaning system in the update only worked at outside temperatures between 10-32 degrees Celsius. In the event that the weather falls below or above this range, the cleaning remains disabled, allowing the affected vehicles to overly-pollute as before. 

The district court noted that the cheat devices in the software fix would affect diesel-powered vehicles from Volkswagen, Audi, Seat, and Skoda. The defeat device in the software fix of the original Dieselgate defeat device has only been announced by the Düsseldorf court recently, which means that a notable number of vehicles that were supposedly fixed by Volkswagen continue to emit more harmful emissions until today.  

As noted in a WallStreet-Online.de report, the repercussions of the Düsseldorf court’s decision will likely be explosive. Claims from owners who owned the affected vehicles from the original Dieselgate had mostly been settled years ago, and Volkswagen has argued that any more claims should be barred by the courts since over three years have passed since the scandal broke. The rigged software fix could now lead to the statute of limitations to run again. 

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The news of Volkswagen’s cheat device inside a cheat device comes on the heels of a recent announcement about one of the company’s new diesel engines. In an interview about Volkswagen’s 2.0 TDI EA288 Evo diesel engine, the carmaker’s Head of Diesel Engine Development, Sebastian Willmann, proved very enthusiastic, praising it due to its low emissions and efficiency. 

“Diesel has always been very economical and now it is absolutely clean. Vehicles with the latest emission technology, such as our current diesel engines, emit only very low nitrogen oxide emissions. Our models are at the level of the best competitors… Especially in heavier vehicles, where large ranges and a lot of torque are required and possibly even a trailer to be pulled, the diesel is still the most efficient drive today,” he said.

H/T Alex Voigt.

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Delaware Supreme Court reinstates Elon Musk’s 2018 Tesla CEO pay package

The unanimous decision criticized the prior total rescission as “improper and inequitable,” arguing that it left Musk uncompensated for six years of transformative leadership at Tesla.

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Gage Skidmore, CC BY-SA 4.0 , via Wikimedia Commons

The Delaware Supreme Court has overturned a lower court ruling, reinstating Elon Musk’s 2018 compensation package originally valued at $56 billion but now worth approximately $139 billion due to Tesla’s soaring stock price. 

The unanimous decision criticized the prior total rescission as “improper and inequitable,” arguing that it left Musk uncompensated for six years of transformative leadership at Tesla. Musk quickly celebrated the outcome on X, stating that he felt “vindicated.” He also shared his gratitude to TSLA shareholders.

Delaware Supreme Court makes a decision

In a 49-page ruling Friday, the Delaware Supreme Court reversed Chancellor Kathaleen McCormick’s 2024 decision that voided the 2018 package over alleged board conflicts and inadequate shareholder disclosures. The high court acknowledged varying views on liability but agreed rescission was excessive, stating it “leaves Musk uncompensated for his time and efforts over a period of six years.”

The 2018 plan granted Musk options on about 304 million shares upon hitting aggressive milestones, all of which were achieved ahead of time. Shareholders overwhelmingly approved it initially in 2018 and ratified it once again in 2024 after the Delaware lower court struck it down. The case against Musk’s 2018 pay package was filed by plaintiff Richard Tornetta, who held just nine shares when the compensation plan was approved.

A hard-fought victory

As noted in a Reuters report, Tesla’s win avoids a potential $26 billion earnings hit from replacing the award at current prices. Tesla, now Texas-incorporated, had hedged with interim plans, including a November 2025 shareholder-approved package potentially worth $878 billion tied to Robotaxi and Optimus goals and other extremely aggressive operational milestones.

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The saga surrounding Elon Musk’s 2018 pay package ultimately damaged Delaware’s corporate appeal, prompting a number of high-profile firms, such as Dropbox, Roblox, Trade Desk, and Coinbase, to follow Tesla’s exodus out of the state. What added more fuel to the issue was the fact that Tornetta’s legal team, following the lower court’s 2024 decision, demanded a fee request of more than $5.1 billion worth of TSLA stock, which was equal to an hourly rate of over $200,000.

Delaware Supreme Court Elon Musk 2018 Pay Package by Simon Alvarez

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Tesla Cybercab tests are going on overdrive with production-ready units

Tesla is ramping its real-world tests of the Cybercab, with multiple sightings of the vehicle being reported across social media this week.

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Credit: @JT59052914/X

Tesla is ramping its real-world tests of the Cybercab, with multiple sightings of the autonomous two-seater being reported across social media this week. Based on videos of the vehicle that have been shared online, it appears that Cybercab tests are underway across multiple states.

Recent Cybercab sightings

Reports of Cybercab tests have ramped this week, with a vehicle that looked like a production-ready prototype being spotted at Apple’s Visitor Center in California. The vehicle in this sighting was interesting as it was equipped with a steering wheel. The vehicle also featured some changes to the design of its brake lights.

The Cybercab was also filmed testing at the Fremont factory’s test track, which also seemed to involve a vehicle that looked production-ready. This also seemed to be the case for a Cybercab that was spotted in Austin, Texas, which happened to be undergoing real-world tests. Overall, these sightings suggest that Cybercab testing is fully underway, and the vehicle is really moving towards production.

Production design all but finalized?

Recently, a near-production-ready Cybercab was showcased at Tesla’s Santana Row showroom in San Jose. The vehicle was equipped with frameless windows, dual windshield wipers, powered butterfly door struts, an extended front splitter, an updated lightbar, new wheel covers, and a license plate bracket. Interior updates include redesigned dash/door panels, refined seats with center cupholders, updated carpet, and what appeared to be improved legroom.

There seems to be a pretty good chance that the Cybercab’s design has been all but finalized, at least considering Elon Musk’s comments at the 2025 Annual Shareholder Meeting. During the event, Musk confirmed that the vehicle will enter production around April 2026, and its production targets will be quite ambitious. 

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Tesla gets a win in Sweden as union withdraws potentially “illegal” blockade

As per recent reports, the Vision union’s planned anti-Tesla action might have been illegal. 

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Andrzej Otrębski, CC BY-SA 4.0 , via Wikimedia Commons

Swedish union Vision has withdrawn its sympathy blockade against Tesla’s planned service center and showroom in Kalmar. As per recent reports, the Vision union’s planned anti-Tesla action might have been illegal. 

Vision’s decision to pull the blockade

Vision announced the blockade in early December, stating that it was targeting the administrative handling of Tesla’s facility permits in Kalmar municipality. The sympathy measure was expected to start Monday, but was formally withdrawn via documents sent to the Mediation Institute and Kalmar Municipality last week. 

As noted in a Daggers Arbete report, plans for the strike were ultimately pulled after employer group SKR highlighted potential illegality under the Public Employment Act. Vision stressed its continued backing for the Swedish labor model, though Deputy negotiation manager Oskar Pettersson explained that the Vision union and IF Metall made the decision to cancel the planned strike together.

“We will not continue to challenge the regulations,” Petterson said. “The objection was of a technical nature. We made the assessment together with IF Metall that we were not in a position to challenge the legal assessment of whether we could take this particular action against Tesla. Therefore, we chose to revoke the notice itself.”

The SKR’s warning

Petterson also stated that SKR’s technical objection to the Vision union’s planned anti-Tesla strike framed the protest as an unauthorized act. “It was a legal assessment of the situation. Both for us and for IF Metall, it is important to be clear that we stand for the Swedish model. But we should not continue to challenge the regulations and risk getting judgments that lead nowhere in the application of the regulations,” he said. 

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Vision ultimately canceled its planned blockade against Tesla on December 9. With Vision’s withdrawal, few obstacles remain for Tesla’s long-planned Kalmar site. A foreign electrical firm completed work this fall, and Tesla’s Careers page currently lists a full-time service manager position based there, signaling an imminent opening.

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