More interestingly: Did the German TÜV not detect this? They have even stricter rules.
I suppose one could say that being more concerned with the more directly harmful and smog forming emissions(NOx and PM) over CO2 would constitute 'bias' against diesels. But, conversely, there's a rather compelling argument that the more lax European diesel regulations spurred diesel adoption and protect their domestic manufacturers.
In the case of Volkswagen, the TSi engines are a much better buy than the TDi engines. Better power delivery, clean running and nearly as good fuel economy.