Mercedes-Rückrufe im Abgasskandal

Why Daimler customers should act now.

Also for Daimler will be the emissions scandal A never-ending story. Once again, the Stuttgart-based automaker has been forced to recall tens of thousands of vehicles due to illegal defeat devices. More than 1.5 million Mercedes diesels are now affected, and even the auto-industry-friendly transport minister expressed anger at the automaker's "salami tactics." Affected Mercedes buyers should act now.

Recalls without end: The German Federal Motor Transport Authority (KBA) has requested the Daimler Group to recall vehicles at least seven times to deactivate illegal software manipulation. Most recently, 113,000 Mercedes diesel vehicles had to be taken to the workshops; more than 1.5 million Mercedes vehicles worldwide are now affected, 610,000 of them in Germany. Given the numerous vehicle types and engines affected, the question arises as to which models Mercedes has not actually used illegal defeat devices.

In the case of software manipulation Mercedes all registers

The Stuttgart-based car manufacturer is extremely cunning in its manipulations and pulls out all the stops to ensure that its diesel vehicles are clean on the test bench. In addition to the "thermal window“ and the coolant target temperature control, further functions for cycle recognition are used, for example “Bit 15”, a software that switches off the exhaust gas purification after 26 kilometers.

The Daimler strategy: Concealment and denial

Which manipulations of the emission control were carried out in which vehicles, Daimler to date. Even in court proceedings, the company refuses to provide information about its engines or recall notices from the KBA, instead citing trade secrets. Despite the numerous recalls and increasingly consumer-friendly jurisprudence, the company continues to claim that its defeat devices serve to protect engines and are therefore not illegal. It refers to Article 3, No. 10 of European Regulation 715/2007, which permits defeat devices if they Provide safety while driving and protect the engine.

Courts rule in favor of consumers

With this argument, Daimler The ECJ's Advocate General considers defeat devices to be fundamentally illegal and will only allow exceptions within extremely narrow limits; thermal windows and other manipulations certainly do not fall under this category. A corresponding ruling from the European Court of Justice is expected before the end of this year. Furthermore, a number of courts have already awarded damages to Mercedes buyers. Most recently, the Heilbronn Regional Court. It followed the BGH's legal opinion and sentenced Daimler to pay almost 59,000 euros in damages – more than the injured buyer had paid for his Mercedes.

No more secrecy

The secrecy surrounding defeat devices is also likely to end soon: In a ruling dated January 28, 2020, the Federal Court of Justice (BGH) criticized the lower court, the Higher Regional Court of Celle, for failing to obtain an expert opinion in damages proceedings to clarify whether an impermissible defeat device was installed in the OM 651 engine (case no. VIII ZR 57/19). Similar orders were issued by the Higher Regional Court of Nuremberg (case no. 5 U 144/20) and the Higher Regional Court of Stuttgart (case no. 16a U 94/19). Both higher regional courts demanded that Daimler submit unredacted recall orders from the Federal Motor Transport Authority (KBA), type approvals, and test reports.

"Tricks, deceives, and covers up: Daimler is deeply mired in the emissions scandal and is acting similarly to Volkswagen. But the court decisions of recent months show that the Stuttgart-based automaker won't get away with it either. Now the company must lay its cards on the table and reach out to the injured parties. Given the numerous recalls and the consumer-friendly trend in case law, the chances for affected Mercedes buyers are better than ever. Act now and assert your right to compensation."

Partner Dr. Marco Rogert