The hatch refuses to open? How were you able to check the lower tailgate if the upper doesnt open? Just trying to understand the situation better.

Are you using the manual release on the inside lid? If so, does the mechanism latch shut when you lower the hatch?

There is a relay for the top hatch on the right side of trunk, am not sure now which exactly. But I'm guessing since there is clicking, there is electricity to the latch though.

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04 X5 3.0i auto
03 X5 4.6is