I wasnt aware that the great VW emissions test massage had transgressed any EU regulations. I thought the VW sin, if it was one, was against US regs on NOX, and NOX isnt yet or wasnt then regulated in the EU.
I don't know but I suspect that all they had to do was the same as many other manufacturers that have a "normal" driving mode (that would be used for tests) and a selectable "Sports" mode that probably would not pass the tests. In these cars it always re-sets to the "normal" mode when the engine is turned off.