Volkswagen is arguing that the device that precipitated the TDI scandal did not, in fact, violate European law. The move follows increasing pressure to provide European TDI owners with American-style compensation.

“The software contained in vehicles with an EA-189 engine in the view of Volkswagen represents no unlawful defeat device under European law,” VW told Automotive News.

Diesel passenger cars are much more popular in Europe than they are in the U.S. and laws limiting their emissions aren’t as strict. As a result, Volkswagen has argued from the outset that U.S.-style compensation for the owners of the 8.5 million TDIs in Europe is neither feasible nor necessary.

Now, though, on the heels of a ruling against VW in Spain, the manufacturer is hardening its position to strengthen its legal case. Despite that, Volkswagen will continue to modify European TDIs to improve their emissions for reasons of good will, reports Automotive News.

So far, more than a million TDI engines have been modified, and a fix for another 2.6 million models, fitted with the 1.6-liter E 189 TDI engines, was recently approved.

Automotive News

This article originally appeared at VWVortex.