Rogert & Ulbrich erzielt rechtskräftiges Urteil gegen die Daimler AG

By withdrawing his appeal before the Higher Regional Court (OLG) in Stuttgart, a plaintiff represented by our law firm has now achieved one of the first legally binding judgments against Daimler AG. In the judgment of the Stuttgart Regional Court of October 17, 2019, Ref. No.: 20 O 9/18, Daimler AG was ordered to pay damages in the amount of € 44,926.85 plus interest in return for the return of the manipulated vehicle. The subject of the dispute was a Mercedes-Benz GLC 220d 4MATIC with first registration in June 2016 and Euro 6 emissions standard. The plaintiff purchased the vehicle for a new price of around € 51,000.

Daimler AG increasingly in trouble

With the legally binding judgment, we have reached another major milestone in the emissions scandal against Daimler AG. With its judgment against Daimler AG, the Stuttgart Regional Court affirmed a claim for damages under Section 823 of the German Civil Code, which was already unusual in 2019. The plaintiff suffered damage as a result of purchasing the vehicle in question. This resulted from the fact that the vehicle did not comply with the permitted limit values. Although the limit values of 80 mg/km nitrogen oxides were complied with in the test bench, in real driving conditions they exceeded the limit by six times.

Failure to comply with the prescribed limits puts the plaintiff at risk of being shut down, which is the cause of the damage. A vehicle that is not allowed to drive on public roads does not fulfil its intended purpose, according to the judges of the Stuttgart Regional Court. They have thus already decision of the Federal Court of Justice (BGH) In May 2020, in which the Federal Court of Justice did not allow a claim for damages under Section 823 of the German Civil Code (BGB), such a claim was affirmed.

Pioneer in the diesel emissions scandal – also against Daimler AG

We are a renowned commercial law firm with special expertise in consumer protection and a pioneer in the emissions scandal. We can also say that we are the first law firm in Germany to obtain a positive decision before the Federal Court of Justice in a Daimler case. This is not only an enormous success for us as a law firm, but above all an incredible success for every affected and injured vehicle owner. We recommend that you claims to have it checked by us free of charge and without obligation.