BMW is a successful German carmaker that has remained untainted by the diesel scandal so far. But now the experts from the Federal Motor Transport Authority face an important question: Has the company manipulated the engine of a popular SUV or simply produced it defectively?

In autumn 2017, the then BMW CEO Harald Krüger declared at the International Motor Show IAA: "We have not manipulated the vehicles. We have clean diesel." However, doubts about this statement are growing louder. Authorities have now also focused on BMW and initiated a hearing process, the outcome of which is still uncertain.

The Flensburg authority internally debates the appropriate response to alleged diesel emission manipulations at the Munich-based car manufacturer. The focus is on the SUV X320d (built between 2010 and 2014) after the German Environmental Aid (DUH) had forwarded hints from its own investigations to the Federal Motor Transport Authority (KBA).

The authority now has two options: to confirm BMW's faulty production or the installation of illegal defeat devices, which would mean fraudulent behavior. The consequences are particularly important in terms of civil law. In the case of a finding of manipulation, BMW would have to fear compensation claims from affected car owners and their clean image would be significantly damaged.

In the best case, the KBA would only accuse the company of having loaded faulty software into the engine control.

Despite the hearing process and information obtained from investigations by the DUH, there is still no decision about which of the two options the KBA will select. The accusations refer to a discovery made by IT expert Felix Domke, who, on behalf of the DUH, uncovered manipulations of the exhaust gas treatment in the 2013 X3 model's software.

Accordingly, the limits should be complied with when the air conditioning is deactivated, while the vehicle emits significantly higher levels of nitrogen oxides when it is turned on. Domke had already uncovered similar cases with Opel and Porsche, and according to DUH, the investigations on the BMW SUV revealed the highest nitrogen oxide emissions ever measured.

BMW did not comment on the details of the hearing process in response to SPIEGEL's request, but emphasized that it is still ongoing. However, a spokesperson referred to the company's half-year report from last year, in which cooperation with the relevant approval authorities regarding inquiries about emissions behavior of a specific model was mentioned.

The KBA confirms the hearing procedure against BMW and states that it is about the suspicion of an impermissible defeat device in the engine control of a X32 l diesel. It is not the first time that BMW is in the focus of the authority.

Already in 2018, it was about a diesel model of the 5-Series range, where the KBA decided to hold the company accountable only for an allegedly mistakenly installed software - a version that raised doubts among critics of the company.

In the event of a decision by the KBA, there may be a recall of the affected X3 models, in which a software update may need to be installed or components replaced to comply with the limits. If this is not possible, a buyback of the vehicles would be considered.

A lot is at stake for BMW, but the company continues to insist that there have been no manipulations or fraudulent intentions. The decision of the KBA will show whether this statement holds true or not.