> When asked, the ministry spokesperson pointed out that "the regulation was already in place during the Cold War and had no practical relevance; in particular, there are no penalties for violating it.”
The famed German rule-following in action. This kind of routine violation of regulation is what led to Dieselgate. Social norms in places like this rarely support rule of law. There's a reason the EPA was the one which blew this wide open. Local regulators follow these norms because that's what German cultural norms are.
The EPA was able to do this because they made up some new numbers and set an arbitrary deadline. The same cars the year before were fine. The EPA altered the deal and then exacted punishment.