Deutsch
English
Español
Français
Nederlands
Português
Nissan Emissions Cheating: A New Chapter in the Dieselgate Saga
Nissan has been caught using illegal defeat device software to conceal the true emissions of its diesel vehicles, according to a previously unreported letter from Germany's Kraftfahrt-Bundesamt (KBA) obtained by investigative outlet Follow the Money. The Japanese automaker joins a long list of manufacturers implicated in the ongoing diesel emissions scandal, installing manipulation software in Nissan Navara pickup trucks sold across Europe between 2016 and 2019 — years after Volkswagen's infamous Dieselgate admission in 2015.
The KBA concluded in 2023 that the software constituted an 'impermissible manipulation instrument' under EU law. Unlike Volkswagen, which faced billions in fines, Nissan was not penalized financially. The German authority only required a software update — a decision that has drawn sharp criticism from transparency advocates.
What Is a Defeat Device and How Did Nissan Use It?
A defeat device is software designed to detect when a vehicle is undergoing official emissions testing. During the test, the engine runs in a 'clean' mode that meets regulatory limits. Under real-world driving conditions, the software deactivates or reduces emissions controls, allowing nitrogen oxide (NOx) output to spike far above legal thresholds.
In Nissan's case, the defeat device was installed in diesel variants of the Navara pickup. The KBA letter, dated 2023, stated that the software was an 'unauthorized switch-off device' under EU Regulation 715/2007. The affected vehicles were produced between 2016 and 2019, spanning two model variants. Globally, an estimated 77,209 cars were equipped with the illegal software, including over 300 units in the Netherlands alone.
Why Wasn't Nissan Fined?
Despite clear evidence of a violation, the KBA did not impose a fine on Nissan. Instead, the manufacturer was ordered to conduct a recall and issue a software update to remove the defeat device. Under EU law, the European Commission could have levied fines of up to €30,000 per vehicle — potentially totaling over €2.3 billion for the 77,209 affected cars. However, the Commission deemed the recall sufficient and took no further action.
Research journalist Peter Teffer told BNR Nieuwsradio: 'The KBA concluded there was an impermissible manipulation instrument. That is clear language in the legal context of European law. But in practice, Nissan got off lightly.'
The diesel emissions scandal timeline shows a pattern where manufacturers often escape severe penalties when regulators prioritize recalls over fines.
Information-Sharing Failures: A Recurring Problem
The KBA's handling of the Nissan case has raised serious concerns about transparency between EU member states. According to Follow the Money, the German authority informed the European Commission of a 'non-conformity' but did not specify that it involved illegal defeat devices. As a result, national regulators in the Netherlands (RDW) and Sweden were left in the dark.
Teffer added: 'The KBA has a reputation for poorly sharing information with other member states. This is not what was promised to citizens after Dieselgate.'
The Dutch RDW told FTM it had no knowledge of the manipulation software. Affected Nissan owners were invited for a software update but were not informed that the recall was due to illegal emissions cheating. This EU emissions testing regulation gap highlights persistent enforcement weaknesses years after the original scandal.
Legal Fallout: UK Class Action Looms
The Nissan defeat device revelations come amid a massive ongoing class action in the UK's High Court. Over 1.6 million claimants have joined a group lawsuit against 14 car manufacturers, including Nissan, Mercedes-Benz, Ford, Renault, Peugeot, and Citroën. The trial, which began in October 2025, is the largest mass lawsuit in English legal history, with potential damages estimated at £6 billion ($7.97 billion).
The UK diesel emissions class action is being closely watched as a bellwether for similar claims across Europe. A verdict is not expected before summer 2026.
Impact on Consumers and the Environment
Excess NOx emissions from diesel vehicles equipped with defeat devices have been linked to serious public health consequences. Research from the Centre for Research on Energy and Clean Air (CREA) estimates that these excess emissions have contributed to approximately 16,000 premature deaths, 30,000 child asthma cases, and £96 billion in economic costs in the UK alone.
Nissan's use of defeat devices erodes consumer trust and raises questions about the effectiveness of post-Dieselgate reforms. The Worldwide Harmonized Light Vehicles Test Procedure (WLTP), introduced in 2017, was designed to better reflect real driving conditions, but critics argue that enforcement remains inconsistent across member states.
FAQ: Nissan Defeat Device Scandal
What is a defeat device?
A defeat device is software that detects when a vehicle is undergoing an official emissions test and adjusts engine performance to produce lower emissions during the test. In real-world driving, emissions are significantly higher.
Which Nissan models are affected?
The defeat device was installed in diesel variants of the Nissan Navara pickup truck produced between 2016 and 2019.
How many vehicles are affected?
Approximately 77,209 vehicles globally, including over 300 in the Netherlands. Around 70 vehicles in the Netherlands still have not received the software update.
Did Nissan pay a fine?
No. The KBA only required a software update. No financial penalty was imposed, despite potential EU fines of up to €2.3 billion.
Can Nissan owners claim compensation?
Yes. In the UK, over 1.6 million claimants have joined a class action lawsuit. Owners in other EU countries may also have legal options through national consumer protection laws.
Follow Discussion