Page 15 was just as unintelligible to me as the rest of the document, sadly - I was hoping to pick up German around page 8 but that didn't pan out.
So the second test was outside the parameters of the Euro testing due to lack of pre-conditioning and it failed. The question remains if this is a specific defeat system for test conditions (illegal) or an emissions system designed to meet only the "letter of the law" of the emissions tests (legal but possibly unethical). Certainly worth investigating, but in no way the slam-dunk case the VW scandal was. VW using inputs like wheelspeed and accelerometer data to specifically detect EPA testing conditions was really the big thing that sank them.
So if it's entirely legal to "protect the engine" as you have stated, what's the illegal thing they have done? Emissions testing is about adhering to a set of legal standards, if the standards are OK with that procedure it's tough to say they were in the wrong. They're not cutting emissions out of the goodness of their hearts, that's for sure.
As I mentioned before, I think they should get drawn and quartered if they've been gaming the system, but this case appears to be a lot less blatant than the VW one, specifically in the scope of EPA testing.