Europe may still have some huge loopholes in their emission regulations that may mean this is legal. "That's because E.U. law allows automakers to program their emissions controls to deactivate when necessary to protect the engine from harm. And it allows the automakers to define for themselves what counts as a protective shutdown." 6 Vehicle Emissions Testing Scandals - How Car Makers Are Cheating Emissions Tests Mercedes was using that to claim their shutting down emission controls under 50F, or 10C, was allowed.