Mercedes emissions scandal: Daimler AG must pay damages to our client

/ emissions scandal, judgments / Daimler, Euro-5, Euro-6, KBA, Mercedes Benz, OM651, thermal window

Our law firm was able to achieve further successes in the Mercedes emissions scandal before the regional courts in Essen and Bochum, each with a judgment dated May 17, 2021.

The Essen Regional Court ruled in favour of our client – the driver of a Mercedes-Benz GLK 220 CDI with Euro 5 emissions standard – a claim for damages and ordered Daimler AG to take back the vehicle and repay the purchase price, taking into account compensation for use.

The Regional Court of Bochum also awarded our client a claim for damages and ordered Daimler AG to withdraw a Mercedes-Benz GLK 220 BT and Euro 6 emissions standard.

Both vehicle types are part of a mandatory recall ordered by the Federal Motor Transport Authority.

Coolant setpoint temperature control and thermal window in GLK model vehicles with OM651 diesel engine

The Essen Regional Court assessed the coolant target temperature control, which was undisputedly implemented in our client's vehicle - just like the Federal Motor Transport Authority - as an inadmissible switch-off device. This ensures that the legally prescribed limit values for nitrogen oxides are only complied with on the test bench for the purpose of obtaining EC type approval for the respective vehicle model, but not in real driving conditions on the road.

In the proceedings before the Regional Court of Bochum, however, the court ruled on the so-called thermal window, which was indisputably implemented in GLK vehicles due to a fundamental business decision by Daimler AG and reduces or completely switches off exhaust gas purification at single-digit positive temperatures. From the fact that Daimler AG also deliberately concealed this exhaust gas purification strategy from the Federal Motor Transport Authority, the court concluded that those responsible at Daimler AG were aware of the inadmissibility of the implemented thermal window and that our client should therefore be awarded a claim for immoral, intentional damage.

Further milestones in proceedings against Daimler AG

The two rulings are a continuation of a positive trend in proceedings against Daimler AG. We therefore see them as further milestones for consumer protection and the processing of the Daimler emissions scandal.

So calculate now your claim and get free advice!

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