"According to a preliminary report, BMW has neither cheated on nor tampered with the cleaning of exhaust gases, but only made a mistake with the software version. To settle things without a lawsuit, BMW will now pay a ten million euros fine.

For a little more than half a year, the prosecutors in Munich have been investigating BMW on suspicion that the company had manipulated the emission control of diesel vehicles and cheated car buyers. No manager or executive of the Munich-based automaker has been accused. And it will probably stay that way.

BMW could pay the ten million euros fine and the matter would be closed from the point of view of the prosecutor. Without a charge, without trial. The investigation states that BMW accidentally installed the wrong software in about 7600 vehicles – models 750xd and M550xd. The basis for the fine would be the law on administrative offense, because the BMW Group has violated its supervisory duties by uploading the wrong software.

The wrong software was intended for other models with the same engine, which is why the exhaust gas cleaning was tuned for a different engine configuration. The wrong software had no advantages in practice or on the test bench, which made deliberate manipulation seem less plausible from the start.

It is still unclear whether the BMW Group agrees to the fine of 10 million euros or would prefer to have it brought to court. The prosecution would have to prove that the oversight was a sanctionable violation of the supervisory duties."

10 million Euros is petty cash for BMW. Hard to imagine they won't just pay the fine and move on.

The penalty is for negligence, or as the original article states 'sloppyness' (Schlamperei) in relation to uncorrect software in about 7600 cars. The 7600 cars have illegal software (so software with illegal modes for emission control), but it was not intent that those cars got that software.
At least thats what I read in the original article (Süddeutsche Zeitung).

Its €1316,-- per car, so thats not so bad as it concerns cars costing €100k or so. (m550xd and 750xd)

Pretty stupid to upload a wrong software on this number of cars. Their validation procedure was so weak 🤔

The guys in the factory were probably lazy and decided to flash all the engines the same no matter which car it went into.

vladberca wrote

Pretty stupid to upload a wrong software on this number of cars. Their validation procedure was so weak 🤔

I think its genious that they got away with "yeah it was a stupid error....stupid us "
VAG has I believe 20 billion in fines in the US (let alone the brand image damage, the buying back all those cars, and part of the management behind bars)