Software fixes to lower harmful emissions from diesel car engines are likely to contravene European Union law, according to Mayo based lawyer Evan O’Dwyer who is involved in the ongoing VW emissions legal action, representing several Irish owners of the car.

According to today’s Irish Times he says the only legal solution currently available is to ban the affected cars from the roads.

Germany’s big three car companies – VW Group, Daimler and BMW – on Wednesday announced they were rolling out software update on millions of diesel cars as they struggle to counter growing public concerns over nitrogen oxide (NOx) emissions from diesel engines.

Evan O’Dwyer, of Ballyhaunis, who is currently representing several Irish owners taking legal action against the VW Group over cars fitted with so-called defeat devices, says any such move contravenes EU emissions legislation.

Citing the 2007 EU directive relating to emissions, Mr O’Dwyer said: “There was never any lawful basis for the fix in the first place.”